UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


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THE  REVISED 


SCHOOL  LAW 


OF 


WEST  VIRGINIA 


BEING 


CHAPTER  45  OF  THE  CODE 


""..jSKSt-" 


III 

THE  SCHOOL  LAW 

OF 

WEST    VIRGINIA 


Being  a  complete  revision  of  Chapter  Forty- 
five  of  the  Code  as  amended  and  re-enacted  at 
the  Sessions  of  the  Legislature  of  1 908,  1 909 
and  1911,  together  with  the  provisions  of  the 
Constitution  relating  to  education,  blank 
forms,  instructions,  Etc. 


Published  for  the  Use  of  School  Officers,  Teachers,  and  the  Public  Generally, 
in  Compliance  with  Section  126  of  this  Chapter. 


COMPILED  AND  ISSUED  BY 

M.    P.    SJIAWKEY, 

STATE  SUPERINTENDENT    OF  FREE  SCHOOLS, 

CHARLESTON 


1911 


V*  4-5$ 

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SCHOOL  CALENDAR 

JULY. 

1.     School  year  begins. 

(On  or  before)  Sheriff  settles  with  Board  of  Education. 
(Before)  Sheriff  reports  delinquent  property. 
1st  Monday. — Board  of  Education  meets  to  determine  number  of 
teachers  to  be  employed  in  their  district  and  to  fix  salaries,  etc. 
4.     Independence  day.     Legal  Holiday. 
3rd  Monday. —  (or   as   soon   thereafter   as   practicable)     Trustees 
meet  to  employ  teachers. 

AUGUST. 

1.  (On  or  before)  County  Superintendent  makes  report  to  State 
Superintendent. 

2nd  Tuesday. — Board  of  Education  meets  to  ascertain  the  condi- 
tion of  the  fiscal  affairs  of  the  district  and  to  make  up  an  item- 
ized statement  thereof. 

2nd  Tuesday. —  (On  or  before)  Assessor  certifies  value  of  property 
to  Secretary  of  Board  and  County  Superintendent. 

4th  Tuesday. — Board  meets  to  consider  objections  to  estimate  and 
proposed  levy  and  to  lay  levy. 

4th  Tuesday. —  (Within  Three  Days  after)  Secretary  reports  rate 
of  levy. 

SEPTEMBER. 

1.     (Before)   Auditor  reports  condition  of  School  Fund  to  the 
Governor  and  the  State  Superintendent. 
1st  Monday — Labor  Day,  Legal  holiday. 

15.     First  installment  of  General  School  Fund  and  High  School 
Fund  paid  to  Sheriff. 

OCTOBER. 

12.     Columbus  Day — Legal  holiday,  but  schools  must  assemble  and 
hold  appropriate  exercises. 

NOVEMBER. 

Last  Thursday. — Thanksgiving  Day — Legal  Holiday. 


J»4720 


4  School  Law  of  West  Virginia. 

DECEMBER. 

15.     Second  installment  of  General  School  Fund  and  High  School 

Fund  paid  to  Sheriff. 
25.     Christmas — Legal  Holiday. 

JANUARY. 
1.     New  Year's  Day — Legal  Holiday. 

(On  or  before)   State  Superintendent  makes  report  to  Gov- 
ernor. 

FEBRUARY. 

12.     Lincoln's  Birthday — Legal  Holiday,  but  schools  must  assem- 
ble and  hold  appropriate  exercises. 
22.     Washington's  Birthday — Legal  Holiday. 

APRIL. 

1.     (On  or  before)  Teachers  take  enumeration. 
15.     (On  or  before)  Secretary  transmits  summary  of  enumeration 
to  County  Superintendent. 

MAY. 
1.     (On  or  before)  County  Superintendent  forwards  to  State  Su- 
perintendent report  of  enumeration. 
30.     Memorial  Day — Legal  Holiday. 

JUNE. 

1.     (On  or  before)    State   Superintendent  appoints  member  of 
State  Board  of  Education. 
10.     (On    or   before)    Auditor   notifies    State    Superintendent   of 

amount  of  General  or  Distributable  School  Fund. 
30.     School  year  ends. 


CONSTITUTIONAL  PROVISIONS 

RELATING  TO  THE 

SCHOOL  SYSTEM  OF  WEST  VIRGINIA 


ARTICLE  IV. 

Oath  of  Office. 

5.  Every  person  elected  or  appointed  to  any  office,  before  pro- 
ceeding to  exercise  the  authority,  or  discharge  the  duties  thereof, 
shall  make  oath  or  affirmation  that  he  will  support  the  Constitution 
of  the  United  States  and  the  Constitution  of  this  State,  and  that 
he  will  faithfully  discharge  the  duties  of  his  said  office  to  the  best 
of  his  skill  and  judgment;  and  no  other  oath,  declaration,  or  test 
shall  be  required  as  a  qualification,  unless  herein  otherwise  pro- 
vided. 

Removal  from  Office. 

6.  All  officers  elected  or  appointed  under  this  Constitution,  may, 
unless  in  cases  herein  otherwise  provided  for,  be  removed  from 
office  for  official  misconduct,  incompetence,  neglect  of  duty,  or 
gross  immorality,  in  such  manner  as  may  be  prescribed  by  general 
laws,  and  unless  so  removed,  they  shall  continue  to  discharge  the 
duties  of  their  respective  offices,  until  their  successors  are  elected, 
or  appointed  and  qualified. 

Legislature  to  Prescribe  Terms  of  Office. 

8.  The  Legislature,  in  cases  not  provided  for  in  this  Constitu- 
tion, shall  prescribe  by  general  laws,  the  terms  of  office,  powers, 
duties  and  compensation  of  all  public  officers  and  agents,  and  the 
manner  in  which  they  shall  be  elected,  appointed  and  removed. 

ARTICLE  VIII. 

Districts. 
27.     Each  county  shall  be  laid  off  into  districts,  not  less  than 


School  Law  of  West  Virginia. 


three  nor  more  than  ten  in  number,  and  as  nearly  equal  as  may 
be  in  territory  and  population. 


*       * 


ARTICLE  IX. 

******** 

County  Officers  Subject  to  Indictment. 

4.  The  Presidents  of  the  County  Courts,  the  Justices  of  the 
Peace,  Sheriffs,  Prosecuting  Attorneys,  Clerks  of  the  Circuit  and 
of  the  County  Courts,  and  all  other  county  officers,  shall  be  sub- 
ject to  indictment  for  malfeasance,  misfeasance,  or  neglect  of  of- 
ficial duty,  and  on  conviction  thereof,  their  offices  shall  become 
vacant. 

I  am  inclined  to  the  opinion  that  the  words  "all  other  county  officers,"  as  used  in 
this  section,  include  members  of  boards  of  education,  although  they  are  elected  in  dis- 
tricts. This  is  by  no  means  clear,  however.  This  section  is  in  force  ex  proprio  vigore  and 
needs  no  additional  legislation.— Alfred  CaldweV,  Attorney-General. 

ARTICLE  X. 

******** 

Capitation  Tax. 

2.  The  Legislature  shall  levy  an  annual  capitation  tax  of  one 
dollar  upon  each  male  inhabitant  of  the  State  who  has  attained  the 
age  of  twenty-one  years,  which  shall  be  annually  appropriated  to 
the  support  of  Free  Schools.  Persons  afflicted  with  bodily  infirmi- 
ty may  be  exempted  from  this  tax. 

******** 

Power  of  Legislature  to  Levy. 

5.  The  power  of  taxation  of  the  Legislature  shall  extend  to  pro- 
visions for  the  payment  of  the  State  debt,  and  interest  thereon, 
the  support  of  free  schools,  and  the  payment  of  the  annual  esti- 
mated expenses  of  the  State;  but  whenever  any  deficiency  in  the 
revenue  shall  exist  in  any  year,  it  shall,  at  the  regular  session 
thereof  held  next  after  the  deficiency  occurs,  levy  a  tax  for  the 
ensuing  year,  sufficient  with  the  other  sources  of  income,  to  meet 

such  deficiency,  as  well  as  the  estimated  expenses  of  such  year. 

******** 

County   Taxes  Not  to  Exceed  What — Debt. 
7.     County  authorities  shall  never  assess  taxes,  in  any  one  year, 


School  Law  op  West  Virginia.  7 

the  aggregate  of  which  shall  exceed  ninety-five  cents  per  hundred 
dollars  valuation,  except  for  the  support  of  free  schools;  payment 
of  indebtedness  existing  at  the  time  of  the  adoption  of  this  Con- 
stitution ;  and  for  the  payment  of  any  indebtedness  with  the  interest 
thereon,  created  under  the  succeeding  section,  unless  such  assess- 
ment, with  all  questions  involving  the  increase  of  such  aggregate, 
shall  have  been  submitted  to  the  vote  of  the  people  of  the  county, 
and  have  received  three-fifths  of  all  the  votes  cast  for  and  against  it. 

See  Brannon  vs.  County  Court,  33  W.  Va.,  p.  789,  construing  this  section. 

Bonded  Indebtedness. 

8.  No  county,  city,  school  district,  or  municipal  corporation, 
except  in  cases  where  such  corporations  have  already  authorized 
their  bonds  to  be  issued,  shall  hereafter  be  allowed  to  become 
indebted,  in  any  manner,  or  for  any  purpose,  to  an  amount,  in- 
cluding existing  indebtedness  in  the  aggregate,  exceeding  five  per 
centum  on  the  value  of  the  taxable  property  therein  to  be  ascer- 
tained by  the  last  assessment  for  State  and  county  taxes,  previous 
to  the  incurring  of  such  indebtedness;  nor  without,  at  the  same 
time  providing  for  the  collection  of  a  direct  annual  tax,  sufficient 
to  pay,  annually,  the  interest  on  such  debt,  and  the  principal  there- 
of, within  and  not  exceeding  thirty-four  years;  Provided,  That 
no  debt  shall  be  contracted  under  this  section,  unless  all  questions 
connected  with  the  same,  shall  have  been  first  submitted  to  a  vote 
of  the  people,  and  received  three-fifths  of  all  the  votes  cast  for 
and  against  the  same. 

ARTICLE  XII. 

Legislature  to  Provide  System  of  Free  Schools. 

1.  The  Legislature  shall  provide  by  general  law,  for  a  thorough 
and  efficient  system  of  Free  Schools. 

See  4  W.  Va.,  p.  499. 

General  Supervision. 

2.  The  State  Superintendent  of  Free  Schools  shall  have  a 
general  supervision  of  free  schools,  and  perform  such  other  duties 
in  relation  thereto  as  may  be  prescribed  by  law.     If  in  the  per- 


8  School  Law  op  West  Virginia. 

formance  of  any  such  duty  imposed  upon  him  by  the  Legislature, 
he  shall  incur  any  expenses,  he  shall  be  reimbursed  therefor:  Pro- 
vided, The  amount  does  not  exceed  five  hundred  dollars  in  any 
one  year. 

County  Superintendents. 

3.  The  Legislature  may  provide  for  county  superintendents, 
and  such  other  officers  as  may  be  necessary  to  carry  out  the  objects 
of  this  Article,  and  define  their  duties,  powers  and  compensation. 

School  Fund  —  Board  of. 

4.  The  existing  permanent  and  invested  school  fund,  and  all 
money  accruing  to  this  State  from  forfeited,  delinquent,  waste  and 
unappropriated  lands;  and  from  lands  heretofore  sold  for  taxes 
and  purchased  by  the  State  of  Virginia,  if  hereafter  redeemed  or 
sold  to  others  than  this  state;  all  grants,  devises  or  bequests  that 
may  be  made  to  this  State  for  the  purposes  of  education  or  where 
the  purposes  of  such  grants,  devises,  or  bequests  are  not  specified; 
this  State's  just  share  of  the  literary  fund  of  Virginia,  whether 
paid  over  or  otherwise  liquidated ;  and  any  sums  of  money,  stocks, 
or  property,  which  this  State  shall  have  the  right  to  claim  from 
the  State  of  Virginia  for  educational  purposes;  the  proceeds  of 
the  estates  of  persons  who  may  die  without  leaving  a  will  or  heir, 
and  of  all  escheated  lands;  the  proceeds  of  any  taxes  that  may  be 
levied  on  the  revenues  of  any  corporation ;  all  moneys  that  may  be 
paid  as  an  equivalent  for  exemption  from  military  duty;  and  such 
sum  as  may,  from  time  to  time,  be  appropriated  by  the  Legislature 
for  the  purpose,  shall  be  set  apart  as  a  separate  fund  to  be  called 
the  "School  Fund,"  and  invested  under  such  regulation  as  may 
be  prescribed  by  law,  in  the  interest  bearing  securities  of  the 
United  States,  or  of  this  State,  or  if  such  interest  bearing  securities 
cannot  be  obtained,  then  said  "School  Fund"  shall  be  Invested  in 
such  other  solvent  interest  bearing  securities  as  shall  be  approved 
by  the  Governor,  Superintendent  of  Free  Schools,  Auditor  and 
Treasurer,  who  are  hereby  constituted  the  "Board  of  the  School 
Fund,"  to  manage  the  same  under  such  regulations  as  may  be 
prescribed  by  law ;  and  the  interest  thereof  shall  be  annually  ap- 
plied to  the  support  of  free  schools  throughout  the  State,  and  to 
no  other  purpose  whatever.  But  any  portion  of  said  interest  re- 
maining unexpended  at  the  close  of  the  fiscal  year  shall  be  added 


School  Law  of  West  Virginia.  9 

to,  and  remain  a  part  of,  the  capital  of  the  "School  Fund;" 
Provided,  That  all  taxes  which  shall  be  received  by  the  State  upon 
delinquent  lands,  except  the  taxes  due  to  the  State  thereon,  shall 
be  refunded  to  the  county,  or  district  by  or  for  which  the  same 
were  levied. 

School  Fund  Amendment. 

Ratified  at  the  General  Election  in  November,   1902.        (See  Joint  Resolution  No.    11, 
Acts  1901,  p.  465.) 

The  accumulation  of  the  School  Fund  provided  for  in  section 
four  of  article  twelve,  of  the  Constitution  of  this  State,  shall  cease 
upon  the  adoption  of  this  amendment,  and  all  money  to  the  credit 
of  said  fund  over  one  million  of  dollars,  together  with  the  interest 
on  said  fund,  shall  be  used  for  the  support  of  the  free  schools  of 
this  State.  All  money  and  taxes  heretofore  payable  into  the 
treasury  under  the  provision  of  the  said  section  four,  to  the  credit' 
of  the  School  Fund,  shall  be  hereafter  paid  into  the  treasury  to 
the  credit  of  the  General  School  Fund  for  the  support  of  the  free 
schools  of  the  State. 

Legislature  to  Provide  for  Free  Schools. 

5.  The  Legislature  shall  provide  for  the  support  of  free  schools, 
by  appropriating  thereto  the  interest  of  the  invested  "School 
Fund, ' '  the  net  proceeds  of  all  forfeitures  and  fines  accruing  to  this 
State  under  the  laws  thereof;  the  State  capitation  tax;  and  by 
general  taxation  of  persons  and  property,  or  otherwise.  It  shall 
also  provide  for  raising,  in  each  county  or  district,  by  the  authority 
of  the  people  thereof,  such  a  proportion  of  the  amount  required 
for  the  support  of  free  schools  therein  as  shall  be  prescribed  by 
general  laws. 

Districts. 

6.  The  school  districts  into  which  any  county  is  now  divided 
shall  continue  until  changed  in  pursuance  of  law. 

Levies  to  be  Reported  to  Clerk  of  County  Court. 

7.  All  levies  that  may  be  laid  by  any  county  or  district  for  the 
purpose  of  free  schools  shall  be  reported  to  the  Clerk  of  the  County 
Court,   and  shall,  under  such  regulations  as  may  be  prescribed 


li>  School  Law  of  West  Virginia. 

by  law.  be  collected  by  the  Sheriff,  or  other  collector,  who  shall 
make  annual  settlement  with  the  County  Court;  which  settle- 
ments shall  be  made  a  matter  of  record  by  the  Clerk  thereof,  in  a 
book  to  be  kept  for  that  purpose. 

White  and  Colored  Pupils. 

S.  White  and  colored  persons  shall  not  be  taught  in  the  same 
school. 

School  Officers  not  to  be  Interested  in  Sale  of  Books. 

9.  No  person  connected  with  the  free  school  system  of  the 
State,  or  with  any  educational  institution  of  any  name  or  grade, 
under  State  control,  shall  be  interested  in  the  sale,  proceeds  or 
profits  of  any  book  or  other  thing  used,  or  to  be  used  therein,  under 
such  penalties  as  may  be  prescribed  by  law ;  Provided,  That  noth- 
ing herein  shall  be  construed  to  apply  to  any  work  written  or 
thing  invented  by  such  person. 

Independent  Districts. 

10.  No  independent  free  school  district,  or  organization  shall 
hereafter  be  created,  except  with  the  consent  of  the  school  district 
or  districts  out  of  which  the  same  is  to  be  created,  expressed  by  a 
majority  of  the  voters  voting  on  the  question. 

Normal  Schools. 

11.  No  appropriation  shall  hereafter  be  made  to  any  State 
Normal  School,  or  branch  thereof,  except  to  those  already  estab- 
lished, and  in  operation,  or  now  chartered. 

Legislature  to  Encourage  Improvements. 

12.  The  Legislature  shall  foster  and  encourage  moral,  intellect- 
ual, scientific  and  agricultural  improvement;  it  shall,  whenever  it 
may  be  practicable,  make  suitable  provision  for  the  blind,  mute 
and  insane,  and  for  the  organization  of  such  institutions  of  learn- 
ing as  the  best  interests  of  general  education  in  the  State  may 
demand. 


THE   SCHOOL  LAW 


CHAPTER    XLV.    OF    THE    CODE 


School  Year. 


Sec.  1.  The  school  year  shall  begin  on  the  first  day  of  July  and 
end  on  the  thirtieth  day  of  June,  and  all  reports,  accounts  and 
settlements  respecting  the  free  schools  shall  be  made  with  refer- 
ence to  the  school  year. 

School  Districts. 

Sec.  2.  Every  magisterial  district  in  each  of  the  counties  of  the 
State  shall  be  a  school  district,  which  shall  be  divided  into  such 
number  of  sub-districts  as  may  be  necessary  for  the  convenience 
of  the  free  schools  therein.  The  present  districts  and  sub-districts 
shall  remain  until  changed  in  the  manner  prescribed  by  law. 

BOARD  OF  EDUCATION. 

How  Constituted  —  Election  —  Term. 

Sec.  3.  In  each  district  there  shall  be  a  board  of  education  con- 
sisting of  a  president  and  two  school  commissioners  elected  by  the 
voters  thereof.  One  commissioner  shall  be  elected  at  the  general 
election  held  on  the  Tuesday  after  the  first  Monday  in  November, 
nineteen  hundred  and  eight,  and  one  commissioner  every  two  years 
thereafter;  and  the  president  at  the  general  election  held  in  nine- 
teen hundred  and  ten,  and  every  four  years  thereafter.  Their 
term  of  office  shall  commence  on  the  first  day  of  July  next  after 
their  election,  and  they  shall  each  continue  in  office  for  four  years, 
and  until  their  successors  are  elected  or  appointed  and  qualified 
according  to  law. 

Tie  in  Vote. 

Sec.  4.  In  case  of  a  tie  in  the  vote  for  members  of  the  board  of 
education,  the  county  superintendent  of  free  schools  shall  give  the 
casting  vote. 


12  School  Law  op  West  Virginia 

Vacancy. 

Sec.  5.  Any  member  of  any  board  of  education  who  shall  be 
employed  to  teach  in  his  district  shall  vacate  his  office. 

Vacancies  in  the  board  of  education  shall  be  filled  by  the  county 
superintendent  of  free  schools,  until  the  next  general  election. 

Oath  of  Members. 

Sec.  6.  Every  president  and  commissioner  of  the  board  of  edu- 
cation elected  within  this  State  shall  within  ten  days  after  his 
election  has  been  duly  declared,  qualify  as  such  by  taking  and 
subscribing  before  some  one  duly  authorized  to  administer  oaths 
within  his  county,  the  oath  of  office  prescribed  by  section  five  of 
article  four  of  the  constitution,  which  oath  shall  be  filed  with  the 
secretary  of  the  board  of  education  of  his  district. 

A  Corporation. 

Sec.  7.  The  board  of  education  of  each  district,  and  independ- 
ent school  district  shall  be  a  corporation  by  the  name  of  "The 

board  of  education  of  the  district  or  independent  district  of 

in  the  county  of , ' '  and  as  such  may  sue  and  be  sued, 

plead  and  be  impleaded,  contract  and  be  contracted  with;  and 
shall  succeed  and  be  substituted  to  all  the  rights  of  the  former 
district  boards  of  education ;  and  may  prosecute  and  maintain  any 
and  all  suits  and  proceedings  now  pending  or  which  might  have 
been  brought  and  prosecuted  in  the  name  of  any  such  former 
board  of  education  for  the  recovery  of  any  money  or  property  or 
damage  to  any  property  due  to  or  vested  in  such  former  board, 
and  shall  also  be  liable  in  its  corporate  capacity  for  all  claims 
legally  existing  against  the  board  of  education  of  which  it  is  suc- 
cessor. 

Service  of  Process. 

Sec.  8.  Process  and  notice  may  be  served  on  said  corporation 
by  delivering  a  copy  thereof  to  the  secretary  or  any  member  of 
the  board.  Said  board  shall  receive,  hold  and  dispose  of  according 
to  the  rules  of  law,  and  the  intent  of  the  instrument  conferring 
title,  any  gift,  grant,  devise  or  bequest  made  for  the  use  of  any 
free  school  or  schools  under  their  jurisdiction,  and,  without  any 


School  Law  op  West  Virginia.  13 

transfer  or  conveyance,  shall  be  deemed  the  owner  of  the  real 
estate  and  personal  property  of  their  district,  and  the  title  of  all 
such  lands  as  have  been  in  the  actual  possession  of  any  board  of 
education  for  the  last  five  years,  and  are  still  in  such  possession 
and  not  otherwise  claimed,  is  hereby  vested  in  the  board  of  edu- 
cation of  the  district  in  which  such  lands  are  situated,  to  be  held 
and  used  for  free  school  purposes,  and  none  other.  The  board  of 
education  shall  hereafter,  whenever  possible,  obtain  a  general  war- 
ranty deed  for  all  school  sites. 

Property  Exempt  from  Execution. 

Sec.  9.  All  school  houses,  school  house  sites  and  other  property 
belonging  to  any  board  of  education  and  used  for  school  purposes 
shall  be  exempt  from  execution  or  other  process,  and  free  from 
lien  or  distress  for  taxes  or  county  levies. 

Property  to  be  Inspected  —  May  be  Sold. 

Sec.  10.  The  president  of  the  board  of  education  of  every  dis- 
trict and  independent  district  shall  at  least  once  a  year,  examine 
all  the  school  houses  now  constructed  or  in  process  of  construction 
and  all  school  sites  in  the  district  and  report  the  condition  of  the 
same  to  the  board  of  education;  and  such  as  are  in  the  judgment 
of  the  board,  properly  located  and  are  suitable  or  can  with  reason- 
able expense  be  rendered  so,  shall  be  retained,  and  the  remainder 
with  the  consent  of  the  county  superintendent,  as  to  districts,  shall 
be  sold  at  public  auction  to  the  highest  responsible  bidder,  by  the 
board  of  education  on  proper  legal  notice  and  on  such  terms  of 
sale  as  the  board  may  order,  and  the  proceeds  shall  be  added  to 
the  building  fund. 

Have  General  Control  of  Schools — May  Change  Sub-district  Lines. 

Sec.  11.  The  board  of  education  shall  have  general  control  and 
supervision  of  the  schools  and  school  interests  of  their  districts, 
except  as  herein  otherwise  provided ;  and  they  shall  determine  the 
number  and  location  of  the  schools  to  be  taught;  establish  graded 
schools,  when  necessary,  and,  as  hereinafter  provided,  establish 
high  schools,  if  necessary,  change  the  boundaries  of  their  sub- 
districts,  and  increase  and  diminish  the  number  thereof,  having 


1 4  School  Law  op  West  Virginia. 

due  regard  to  the  school  houses  already  built,  or  sites  procured, 
iiing,  it'  practicable  to  each  sub-district,  not  less  than  forty 
youth  between  the  age  of  six  and  twenty-one  years;  and  shall  de- 
tine  and  enter  of  record  in  their  minute  book  the  boundaries  of 
the  several  districts  and  sub-districts. 

But  every  village  consisting  of  fifty  inhabitants  or  more  shall 
be  included  in  one  sub-district,  and  if  such  village  is  divided  by 
district  or  county  lines  the  said  village  shall  be  included  in  the 
sub-district  under  the  supervision  of  the  board  of  education  of 
the  district  to  which  the  larger  division  of  its  territory  is  attached. 

Appeal  to   County  Superintendent. 

Sec.  12.  Any  person  aggrieved  by  any  action  of  the  board  of 
education,  in  changing  the  boundaries  of  a  sub-district,  or  in 
increasing  or  diminishing  the  number  of  the  sub-districts  in  his 
district  under  the  preceding  section,  may  appeal  therefrom  to  the 
county  superintendent  of  schools. 

Every  such  person  shall  present  to  the  county  superintendent 
his  petition  signed  by  himself  and  at  least  five  others  residents  of 
the  sub-district,  stating  the  action  of  the  board  complained  of  and 
the  grounds  of  appeal;  and  the  county  superintendent  shall  there- 
upon fix  a  time  and  place  for  the  hearing  of  the  appeal,  and  cause 
notice  thereof  to  be  served  upon  the  secretary  or  any  member  of 
the  board  of  education,  at  least  five  days  before  the  hearing. 

If  upon  hearing  the  proofs  and  allegations  of  the  parties  the 
county  superintendent  be  of  the  opinion  that  the  action  of  the 
board  complained  of  was  improper  he  shall  reverse  or  correct  it; 
otherwise  the  said  action  shall  be  affirmed,  but  any  person  ag- 
grieved by  any  action  of  the  county  superintendent  upon  said  ap- 
peal may  appeal  to  the  circuit  court  of  the  county. 

Must  Provide  Sites  and  Buildings. 

Sec.  13.  The  board  of  education  of  every  district  shall  provide 
by  purchase,  condemnation,  leasing,  building  or  otherwise,  suitable 
school  houses,  and  grounds  in  their  districts,  in  such  locations  as 
will  best  accommodate  the  pupils  thereof,  and  improve  such 
grounds  and  provide  such  furniture,  fixtures,  and  apparatus  for 
the  said  school  houses,  as  the  comfort,  health,  cleanliness  and  con- 
venience of  the  pupils  may  require,  and  keep  such  grounds,  school 


School  Law  of  West  Virginia.  15 

houses,  furniture,  fixtures,  and  apparatus  in  good  order  and  re- 
pair, but  no  board  of  education  may  purchase  school  apparatus 
of  any  kind  without  the  advice  and  consent  of  the  county  super- 
intendent first  had  in  writing. 

Approval  of  Location  and  Plans. 

Sec.  14.  In  the  construction  of  school  houses  the  board  of  edu- 
cation of  each  district  shall  have  regard  to  economy,  convenience 
and  durability  of  structure  and  the  health  and  comfort  of  pupils, 
and  no  such  school  house  shall  be  constructed  until  the  location  and 
plan  thereof  have  first  been  approved  by  the  county  superintend- 
ent, and  in  the  event  the  board  of  education  cannot  agree  upon 
plans  or  location,  the  county  superintendent  shall  select  the  plans 
and  location  for  such  house. 

May  Condemn  Land. 

Sec.  15.  If  the  owner  or  owners  refuse  to  sell  any  land  selected 
by  a  board  of  education  or  a  county  superintendent,  as  a  location 
for  a  school  house  and  necessary  buildings,  or  for  enlarging  a 
school  house  lot,  or  demand  an  unreasonable  price  therefor,  or  if  the 
owner  is  non  compos  mentis,  a  femme  couverte,  a  minor  or  a  non- 
resident, the  board  of  education  may  petition  the  circuit  court  to 
have  such  land  condemned  and  such  proceeding  shall  thereupon  be 
had  in  the  name  of  such  board  for  the  condemnation  thereof,  as 
provided  for  in  chapter  forty-two  of  the  Code ;  provided,  that  the 
land  so  taken  shall  not  exceed  in  quantity  two  acres. 

Schools  to  be  Taught. 

Sec.  16.  The  board  of  education  shall  cause  to  be  taught  iu 
every  sub-district  of  their  district  by  a  teacher  or  teachers  of  tem- 
perate habits  and  good  morals  a  sufficient  number  of  free  schools 
for  the  instruction  of  the  persons  entitled  to  attend  the  same,  and 
should  the  trustees  of  any  sub-district  neglect  or  fail  to  employ  a 
teacher,  or  teachers,  as  hereinafter  authorized,  for  their  sub-dis- 
trict, upon  complaint  thereof  by  any  three  patrons  of  said  school 
it  sball  be  the  duty  of  the  board  of  education  to  do  so. 

May  Discontinue. 
Sec.  17.    If  at  the  end  of  any  month  of  school  the  average  daily 


16  School  Law  of  West  Virginia. 

attendance  for  that  month  has  been  less  than  thirty-five  per  cent, 
of  the  whole  number  of  pupils  enumerated  in  that  sub-district,  the 
board  of  education  may  dismiss  the  teacher  and  discontinue  the 
school,  and  the  teacher  shall  not  be  entitled  to  or  receive  any  fur- 
ther salary. 

May  Provide  Buildings  Jointly. 

Sec.  18.  Boards  of  education  in  adjoining  districts  may  jointly 
provide  for  the  construction  of  school  houses  and  the  teaching  of 
school  therein  for  the  accommodation  of  pupils  in  adjoining  por- 
tions of  districts  whether  in  the  same  or  different  counties  who 
may  be  better  accommodated  by  such  union  of  schools.  The  title 
of  such  houses  shall  be  vested  in  the  board  of  education  of  the 
district  in  which  the  houses  are  located,  and  the  terms  of  the 
agreement  shall  be  reduced  to  writing  and  entered  of  record  in  the 
minutes  of  the  respective  boards.  Such  school  houses  shall  be 
provided  with  furniture,  fixtures  and  such  other  apparatus  as  are 
supplied  to  school  houses  generally,  and  an  equitable  amount  of 
the  cost  thereof  shall  be  assessed  to  each  district  interested,  by 
the  respective  boards  of  education. 

Bond  Required. 

Seo.  19.  Boards  of  education  shall  in  all  cases  require  persons 
entering  into  contracts  for  the  building  or  repairing  of  school 
houses  where  the  contract  price  exceeds  fifty  dollars,  to  execute 
bond,  with  approved  security  in  double  the  amount  of  the  contract 
price. 

Vote  on  Levy. 

Sec.  20.  The  ballots  used  at  the  election  for  county  superintend- 
ent hereinafter  provided  for,  shall  have  printed  at  the  bottom  of 
each  ticket,  in  separate  lines,  "For  school  levy,"  and  "Against 
school  levy,"  and  the  voter  in  preparing  his  ballot  shall,  if  he 
desires  to  vote  for  school  levy,  erase  from  the  ticket  which  he 
intends  to  vote  the  words  "Against  school  levy,"  or  if  he  desires 
to  vote  against  school  levy,  he  shall  erase  therefrom  the  words 
"For  school  levy." 

Levy. 
Sec.  21.    If  a  majority  of  the  ballots  cast  upon  the  question  of 


School  Law  of  West  Virginia.  17 

laying  a  levy  in  the  district  or  independent  district  have  written 
or  printed  thereon  "For  school  levy,"  it  shall  he  the  duty  of  the 
board  of  education  of  such  district  or  independent  district  at  a 
meeting  to  be  held  on  the  second  Tuesday  in  August,  to  ascertain 
the  condition  of  the  fiscal  affairs  of  the  district,  and  make  up  an 
itemized  statement  thereof,  which  shall  set  forth  in  detail: 

(a)  The  separate  amounts  due  the  building  fund  and  teachers' 
fund  of  the  district,  and  the  amounts  that  will  become  due  thereto 
and  collectible  during  the  current  fiscal  year,  from  every  source, 
including  the  amount  to  be  received  from  the  general  school  fund, 
but  excepting  the  amount  that  will  be  produced  by  the  levy  of 
taxes  to  be  made  for  the  year; 

(&)  The  debts  and  demands  owed  by  the  district,  and  the  debts 
and  demands  that  will  become  due  and  payable  during  the  current 
fiscal  year,  including  interest  on  any  indebtedness,  funded  or 
bonded  or  otherwise,  distinguishing  between  those  payable  out  of 
the  building  fund  and  those  payable  out  of  the  teachers'  fund; 

(c)  All  other  expenditures,  under  the  several  heads  of  expendi- 
tures, to  be  made  and  payable  out  of  the  funds  of  the  district  for 
the  current  fiscal  year,  distinguishing  between  those  payable  out  of 
the  building  fund  and  those  payable  out  of  the  teachers'  fund, 
and  including  the  cost  of  collection  of  taxes  and  other  claims,  with 
proper  allowances  for  delinquent  taxes  and  contingencies.  Said 
statement  shall  also  set  forth  the  separate  amounts  necessary  to  be 
raised  for  each  of  said  funds  by  the  levy  of  taxes  for  the  current 
fiscal  year,  and  the  proposed  rates  of  levy  of  taxes,  in  cents  on 
each  one  hundred  dollars  of  assessed  value,  on  the  taxable  property 
of  the  district  for  each  of  said  funds;  and  also  the  aggregate  of 
the  taxable  property  of  the  district,  stating  separately  the  assessed 
value  of  personal  property,  of  real  estate,  and  of  the  property  as- 
sessed by  the  board  of  public  works.  A  copy  of  such  statement 
duly  certified  bjr  the  secretary  of  the  board  shall  be  posted 
in  each  post  office  in  the  district  for  at  least  eight  days. 
The  session  shall  then  stand  adjourned  until  the  fourth  Tuesday 
in  August,  at  which  time  it  shall  convene;  and  it  shall  then  be 
the  duty  of  said  board  to  hear  and  consider  any  objections  made 
orally  or  in  writing,  by  the  prosecuting  attorney,  by  the  State  tax 
commissioner  or  his  representative,  or  by  any  taxpayer  of  the 
county,  to  said  estimate  and  proposed  levy,  or  any  item  thereof. 
It  shall  be  the  duty  of  the  board  to  enter  an  order  of  record  show- 
ing the  objections  so  made,  setting  forth  the  reasons  and  grounds 


1 8  School  Law  of  West  Virginia. 

for  such  objections.     But  the  failure  of  any  officer  or  taxpayer  to 
offer  objection  as  herein  provided  shall  not  preclude  him  from  pur- 
suing any  legal  remedy  necessary  to  correct  any  levy  laid  by  said 
board.    After  said  objections  have  been  made  and  heard,  the  board 
shall    thereupon   re-consider   the   proposed   original   estimate   and 
proposed  rate  of  levy;  and  if  the  objections  thereto  or  any  part 
1  hereof  appear  to  be  well  taken,  the  board  shall  correct  the  same 
accordingly  and  it  shall  thereupon  be  approved,  and  when  ap- 
proved shall,  with  the  order  approving  it,  be  entered  by  the  sac- 
re  cary  in  the  record  book  of  proceedings,  the  board  shall  there- 
upon levy  as  many  cents  on  each  one  hundred  dollars  of  the  as- 
sessed valuation  of  the  property  of  the  district,  according  to  the 
last  assessment  thereof,  as  will  produce  the  amount  shown  by  the 
said  statement  necessary  to  be  raised  for  the  building  fund,  and 
levy  in  like  manner  the  amount  necessary,   after  deducting  the 
sum  receivable  from  the  general  school  fund,   for  the  teachers' 
fund  to  continue  the  schools  in  such  district  for  the  term  of  six 
months  or  for  a  longer  term  where  such  may  be  established  by  or 
according  to  law;  provided,  first,  that  the  levy  for  the  building 
fund  shall  not  exceed  fifteen  cents  on  each  one  hundred  dollars 
of  said  valuation  for  the  year  nineteen  hundred  and  eight,  and 
shall  not  exceed  twelve  and  one-half  cents  after  that  year;  ncr 
exceed  twenty-five  cents  on  each  hundred  dollars  of  said  valuation 
for  the  teachers'  fund;    provided,  however,  that  in  any  district 
which  contains  an  incorporated  city  or  town  where  a  graded  or 
high  school  is  maintained,  which  is  continued  for  a  longer  period 
than  six  months,  the  board  of  education  shall  have  authority  to 
lay  a  levy  in  addition  to  the  levies  above  specified  sufficient  for 
all  purposes  to   conduct    the   schools  of  said   city   or  town    for 
the    term    fixed ;      provided,    second,     that    if    such    board    of 
education  in  a  city  or  independent  school  district  of  less  than  ten 
thousand  population  maintains  a  high  school  in  such  district,  or 
maintains  a  high  school  in  connection  with  one  or  more  other 
districts,  the  board  may  levy  for  the  support  of  said  high  school 
in  any  one  year  not  to  exceed  ten  cents  on  each  one  hundred  dol- 
lars of  said  valuation;  provided,  third,  that  school  districts  and 
independent  districts  having  outstanding  bonds  may  increase  the 
levies  aforesaid  by  any  amount  sufficient  to  pay  the  interest  on 
such  bonds  and  the  principal  thereof  in  the  time  provided  in  the 
issue  of  such  bonds,  but  the  proceeds  of  such  additional  levy  may 
be  used  for  that  purpose  and  no  other;  provided,  fourth,  that  if 


School  Law  of  West  Virginia.  19 

said  maximum  levy  of  twenty-five  cents  for  the  teachers'  fund 
shall  not  produce  sufficient  money,  with  the  other  sources  of  rev- 
enue, including  any  balance  to  the  credit  thereof  in  the  hands  of 
the  treasurer  and  the  amount  of  the  general  school  fund  appor- 
tioned to  the  district,  to  pay  the  salaries  of  the  necessary  num- 
ber of  teachers  at  the  minimum  rate  of  salary  fixed  by  law,  for  the 
schools  of  the  district  for  the  term  of  six  months,  it  shall  be  the 
duty  of  the  State  superintendent  of  free  schools  to  deposit  with 
the  treasurer  of  the  board  of  education,  to  the  credit  of  the 
teachers'  fund,  a  sufficient  amount  to  make  up  such  deficiency; 
and  the  said  State  superintendent  is  authorized  to  withhold  from 
the  distribution  made  on  the  per  capita  basis  a  sufficient  amount 
of  the  general  school  fund,  not  exceeding  in  any  one  year  seventy- 
five  thousand  dollars  for  this  purpose.  If  it  shall  appear  to  said 
State  superintendent  that  a  sufficient  number  of  teachers  of  the 
proper  grade  for  the  schools  of  such  district  cannot  be  procured  at 
the  minimum  rate  of  salary,  owing  to  the  payment  of  larger  salaries 
in  neighboring  districts  or  elsewhere  in  the  State  he  may  fix  the 
salaries  of  such  teachers  above  the  minimum,  but  not  above  the 
salaries  paid  teachers  of  like  grades  in  neighboring  districts;  pro- 
vided fifth,  that  if  in  any  magisterial  or  independent  district  of 
the  state  a  levy  of  twelve  and  one-half  cents  on  the  one  hundred 
dollars  for  the  building  fund  is  not  sufficient  to  meet  all  the  outlay 
for  necessary  expenses  for  the  school  year,  properly  chargeable  to 
the  building  fund,  such  as  repairs,  fuel,  janitor  service  and  insti- 
tute per  diem,  and  not  including  the  purchase  of  land  or  the 
erection  of  new  buildings,  then  it  shall  be  the  duty  of  the  state 
superintendent  to  make  requisition  upon  the  auditor  for  a  suffi- 
cient sum  out  of  the  general  school  fund,  not  exceeding  fifteen 
thousand  dollars  in  any  one  year,  for  the  purpose  of  supplement- 
ing the  building  fund  of  districts  entitled  to  such  assistance.  The 
state  superintendent  before  making  requisition  on  the  auditor  for 
the  supplementary  aid  herein  provided  for,  for  the  teachers'  and 
the  building  fund,  shall  inform  himself  of  the  conditions  existing 
in  such  districts  as  seek  aid  and  shall  require  a  financial  statement 
and  affidavits  concerning  the  same  from  all  boards  of  education 
asking  for  help. 

Any  balance  of  the  general  school  fund  withheld  from  the  per 
capita  distribution  for  such  districts,  as  aforesaid,  in  any  year, 
shall  revert  to  said  fund  at  the  close  of  the  year. 


20  School  Law  of  West  Virginia. 

Additional  Levy. 

Sec.  22.  If  any  board  of  education  be  of  the  opinion  that  the 
maximum  rate  of  levy  of  taxes  hereinbefore  named  will  not  pro- 
duce sufficient  funds  for  the  current  fiscal  year  to  cover  the  ex- 
penditures for  the  year  in  its  school  district,  it  may  enter  an  order 
on  its  record  book  of  proceedings  setting  forth  the  purposes  for 
which  additional  funds  will  be  needed,  the  amount  thereof  for 
each  purpose,  and  the  total  thereof,  the  aggregate  amount  of  the 
taxable  property  on  which  it  is  authorized  to  levy  taxes  and  the 
rate  of  levy  in  cents  on  each  one  hundred  dollars  of  valuation  of 
such  property  necessary  to  produce  the  additional  amount  esti- 
mated to  be  needed;  and  in  the  same  order  submit  to  the  voters 
of  the  school  district,  at  an  election  therefor,  the  question  of  such 
additional  levy.  If  a  majority  of  the  votes  cast  on  the  question 
at  such  election  be  in  favor  of  such  additional  levy,  the  board 
shall  have  authority  to  make  such  additional  levy,  but  the  same 
shall  not  exceed  twenty  cents  on  each  one  hundred  dollars  of  valua- 
tion of  the  taxable  property  in  the  school  districts,  according  to 
the  last  assessment  thereof;  provided,  that  if  any  school  or  inde- 
pendent school  district  create  in  the  future  a  bonded  indebtedness 
according  to  law,  and  the  board  of  education  be  of  opinion  that  the 
maximum  rate  of  levy  provided  in  section  twenty-one  will  not 
produce  sufficient  funds  to  pay  the  interest  on  such  bonded  indebt- 
edness and  provide  a  sinking  fund  for  the  discharge  of  the  prin- 
cipal in  the  number  of  years  authorized  by  the  issue  of  the  bonds, 
it  may  enter  an  order  on  its  record  book  of  proceedings  setting 
forth  the  maximum  rate  of  levy  necessary  in  each  year  to  pay  the 
interest  and  to  provide  such  sinking  fund ;  and  in  the  same  order 
submit  to  the  voters  of  the  district  at  the  election  held  for  the 
purpose  of  authorizing  the  bond  issue,  the  question  of  such  levy. 
At  such  election  there  shall  be  printed  on  the  ticket  a  brief  state- 
ment of  the  levy  herein  provided  for,  such  as,  "To  authorize  a 

maximum  special  bond  levy  of cents  according  to  the 

order  of entered  on  the day  of 

to  pay  the  interest  and  provide  a  sinking  fund  for  the  discharge 
of  the  bonds  now  being  voted  upon."  And  directly  underneath  in 
two  separate  lines  shall  be  printed  the  words,  "For  the  levy"  and 
"Against  the  levy."  In  all  respects  the  provisions  of  the  laws 
concerning  general  elections,  and  elections  under  the  provisions 
of  this  act,  shall  apply  to  such  election  as  far  as  they  are  practica- 


School  Law  of  West  Virginia.  21 

ble.  If  a  majority  of  the  votes  cast  at  such  election  be  in  favor 
of  such  levy,  the  board  shall  have  authority  to  lay  such  maximum 
levy,  and  may  continue  to  lay  the  same,  or  such  portion  thereof  as 
is  necessary,  from  year  to  year,  without  additional  vote,  until 
such  bonded  indebtedness  is  paid  off  and  discharged;  but  the  funds 
arising  from  such  levy  shall  be  used  for  the  purpose  herein  desig- 
nated and  no  other. 

Hoiv  Elections  Herein  Authorized  Held. 

Sec.  23.  The  election  authorized  in  section  twenty-two  may  be 
held  at  any  general  election,  or  at  any  special  election  held  for  any 
other  purpose,  as  well  as  held  separately.  Notice  thereof,  however, 
shall  be  given  by  the  publication  of  the  order  of  the  board  calling 
the  same,  in  two  newspapers  of  general  circulation  in  the  territory 
in  which  the  election  is  held,  and  of  opposite  politics,  at  least  once 
in  each  week  for  two  successive  weeks  before  the  election,  and 
printed  copies  of  said  order  shall  be  posted  at  each  place  of  voting 
at  least  ten  days  before  the  election.  If  there  be  only  one  such 
newspaper  published  in  the  county,  the  publication  shall  be  made 
therein.  All  the  provisions  of  the  laws  concerning  general  elec- 
tions shall  apply  to  such  election  as  far  as  they  are  practicable, 
except  as  follows:  A^eparate  ticket  shall  be  used  at  such  election 
held  in  connection  with  any  other  election.  On  such  ticket  shall 
be  printed  a  brief  statement  of  the  question  submitted,  such  as 
"Special  election  to  authorize levy  of cents,  accord- 
ing to  the  order  of  the day  of ;"  and  directly  under- 
neath, in  two  separate  lines,  shall  be  printed  the  words  "For  the 
levy,"  and  "Against  the  levy. "  Those  favoring  the  levy  shall 
erase  the  words  "Against  the  levy"  and  those  opposed  thereto 
shall  erase  the  words  "For  the  levy."  If  a  majority  of  those 
voting  on  the  question  be  in  favor  of  the  levy  the  said  board  shall 
be  authorized  to  lay  the  same ;  but  if  a  majority  of  the  votes  cast 
on  the  question  be  not  in  favor  of  such  levy,  it  shall  not  be  laid. 
The  secretary  of  the  board  shall  procure  and  furnish  to  the  elec- 
tion commissioners  at  each  place  of  voting  the  tickets,  poll  books, 
tally  sheets,  and  other  things  needed. 

Special  Debt  Levy — Provisions  as  to  Certain  Funds. 

Sec.  24.    If  any  school  district  or  any  independent  school  district 


nave  outstanding  unpaid  orders  on  tne  treasury  tnereoi,  or  owe 
other  floating  indebtedness,  which  orders  were  issued  or  which  in- 
debtedness was  incurred  previous  to  the  first  day  of  January  in 
the  year  nineteen  hundred  and  eight  the  amount  whereof  is  so  con- 
siderable that  it  is  impracticable  to  discharge  the  same  out  of  the 
proceeds  of  the  regular  levy,  and  the  board  of  education  deem  it 
inadvisable  to  submit  to  the  voters  of  the  district  the  question  of 
an  additional  levy  as  provided  in  section  twenty-two,  the  board 
may  lay  a  levy  in  addition  to  said  regular  levy  to  be  called  ' '  Spec- 
ial debt  levy,"  not  exceeding  ten  cents  on  each  hundred  dollars 
of  the  valuation  of  the  taxable  property  of  the  district  according 
to  the  last  assessment  of  such  property,  and  continue  such  levy  for 
as  many  years  as  may  be  necessary  to  pay  off  such  debt,  but  not 
longer.  The  net  amount  produced  by  any  such  levy,  or  by  any 
additional  levy  authorized  by  section  twenty-two,  shall  not  be 
used  for  any  other  purpose,  as  to  such  special  debt  levy  than  for 
the  payment  of  such  debt,  or  as  to  such  additional  levy  for  the 
purpose  or  purposes  named  in  the  order  submitting  the  question 
to  the  voters.  The  treasurer  of  each  of  such  funds  shall  keep  an 
accurate  account  of  the  same  separately  from  other  funds.  If 
after  paying  off  such  debts  or  effecting  the  object  of  said  additional 
levy  or  of  said  special  levy,  any  balance  remains  of  any  said  funds 
the  same  shall,  first  revert  to  the  sinking  fund  of  the  district  or 
independent  school  district,  or  secondly,  if  there  be  no  such  sinking 
fund,  it  shall  revert  to  the  teachers'  fund. 

Certain  Acts  Prohibited — Penalties. 

Sec.  25.  It  shall  be  unlawful  for  any  board  of  education  to 
expend  any  money  or  to  incur  any  obligation  or  indebtedness 
which  such  tribunal  is  not  expressly  authorized  by  law  to  expend 
or  to  incur.  Nor  shall  any  such  tribunal  make  any  contract,  ex- 
press or  implied,  the  performance  of  which,  in  whole  or  in  part, 
would  involve  the  expenditure  of  money  in  excess  of  funds  legally 
at  the  disposal  of  such  tribunal,  issue  or  authorize  to  be  issued  any 
certificate,  order  or  other  evidence  of  indebtedness  which  cannot 
be  paid  out  of  the  levy  for  the  current  year  or  out  of  the  fund 
against  which  it  is  issued.  Nor  shall  any  such  tribunal  attempt 
to  lay  any  such  levy  the  rate  whereof  shall  exceed  the  rate  specified 
by  this  act. 

Any  member  of  any  such  tribunal,  or  any  officer  or  person,  who 


money  or  incur  any  debt  or  obligation,  make  or  participate  in  the 
making  of  any  such  contract,  or  be  a  party  thereto  in  any  official 
capacity,  or  issue  or  cause  to  be  issued  any  such  certificate,  order 
or  other  evidence  of  indebtedness,  or  lay  or  cause  to  be  laid  any 
levy  or  levies,  shall  be  personally  liable  therefor,  both  jointly  and 
severally,  and  an' action  may  be  maintained  therefor  by  the  State, 
or  by  any  county,  municipal  corporation,  district,  or  person  pre- 
judiced thereby,  in  any  court  of  competent  jurisdiction;  and  any 
such  member,  officer  or  person  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  more  than  five  hun- 
dred dollars  or  be  confined  in  jail  not  more  than  one  year,  or  both 
fined  and  imprisoned ;  and  in  addition  thereto  shall  forfeit  his 
office.  "Whenever  any  court  of  competent  jurisdiction  by  manda- 
mus, injunction  or  other  judicial  proceeding  shall  determine  that 
any  officer  or  person  has  wilfully  violated  any  of  the  provisions 
of  this  section,  it  shall  enter  an  order  declaring  the  office  of  such 
officer  or  person  forfeited. 

Duty  of  State   Tax  Commissioner  and  Attorney   General. 

Sec.  26.  The  State  tax  commissioner  shall  prepare  forms  and 
instructions  for  making  up  the  statement  named  in  section  twenty- 
one  of  the  condition  of  the  fiscal  affairs,  which  forms  and  instruc- 
tions shall  be  followed  so  far  as  they  are  consistent  with  law.  The 
attorney  general  shall  prepare  forms  and  instructions  for  the  hold- 
ing of  any  election  provided  by  this  act,  which  forms  and  instruc- 
tions shall  be  followed. 

Additional  Term  —  Special  Election. 

Sec.  27.  The  board  of  education  of  any  district  or  independent 
district  may  at  their  first  meeting  held  on  the  first  Monday  in 
July  extend  the  term  of  six  months  school  herein  provided  for,  or 
they  shall  upon  the  petition  of  fifty  taxpayers  of  their  district, 
submit  the  question  of  having  more  than  six  months  school  to  the 
voters  of  their  district  at  any  general  election  or  at  a  special  elec- 
tion to  be  held  in  such  district  at  such  time  as  said  petitioners  may 
designate.  If  such  question  is  to  be  submitted  at  a  general  elec- 
tion the  board  of  education  shall  notify  the  ballot  commissioners 
who  shall  thereupon  have  printed  on  the  ballots  used  at  such  gen- 


24  School  l>\w  of  West  Virginia. 

era]  election  "For months  school"  and  "Against 

months  school.*'  ;md  if  at  a  special  election,  the  secretary 


of  the  hoard  of  education  shall  post  notices  of  such  special  election 
al  all  the  voting  places  in  the  district  for  at  least  twenty  days  be- 
fore the  day  on  which  said  election  is  to  be  held.  The  ballots  used 
a!    said  election  shall   have  written  or  printed  thereon  the  words 

"For  —  —  months  school,"  and  "Against  months 

school."  If  a  majority  of  the  votes  cast  at  any  such  election 
shall  be  in  favor  of  more  than  six  months  school,  or  if  the  board 
of  education  shall  determine,  without  such  election,  to  have  more 
than  six  months  school  they  shall  provide  for  such  additional 
months  of  school  for  their  district,  for  the  ensuing  two  years. 

Teach,  rs'  Salaries. 

Sec.  27' L>.  The  boards  of  education  of  the  several  districts  shall 
at  their  first  meeting  for  each  school  year  on  the  first  Monday  in 
July  determine  the  number  of  teachers  that  may  be  employed  in 
the  several  sub-districts,  and  fix  the  salaries  that  shall  be  paid  to  the 
teachers.  In  determining  the  salaries  they  shall  have  regard  to 
the  grade  of  teachers  certificates  fixing  to  each  grade  the  salary  that 
shall  be  paid  to  teachers  of  said  grade  in  the  several  sub-districts  as 
follows:  Teachers  having  certificates  of  the  grade  of  number  one, 
shall  be  paid  not  less  than  forty  dollars  per  month ;  those  holding 
certificates  of  the  grade  of  number  two,  not  less  than  thirty-five  dol- 
lars per  month ;  and  those  holding  certificates  of  the  grade  of  num- 
ber three  not  less  than  thirty  dollars  per  month.  And  the  trustees 
of  the  several  sub-districts  shall  in  no  case  transcend  or  diminish 
the  salaries  so  fixed  in  any  contract  they  may  make  with  teachers. 

Gra<h  d  Schools. 

Sec.  28.  In  any  district  in  which  there  is  a  town,  village  or 
densely  populated  neighborhood  having  two  or  more  schools  in  the 
same  building,  the  board  of  education  may  establish  a  graded  school 
therein  and  in  addition  to  the  graded  school  herein  provided  for,  in 
a  town  or  village  having  four  or  more  schools  in  the  same  building, 
a  high  school  may  be  established,  which  shall  be  open  to  all  pupils 
of  sufficient  attainment  in  the  magisterial  district  in  which  the 
school  is  located ;  provided,  the  levy  necessary  to  support  said  school 
and  all  other  schools  of  the  district  shall  not  exceed  twenty-five 
cents  on  the  one  hundred  dollars  valuation  for  the  teachers'  fund, 


School  Law  of  West  Virginia.  25 

and  fifteen  cents  on  the  one  hundred  dollars  valuation  for  building 
fund.  The  board  of  education  shall  have  charge  of  such  graded 
and  high  schools.  If  within  ten  days  after  the  board  of  education 
has  laid  the  levies  hereinbefore  required,  a  majority  of  the  taxpay- 
ers of  the  sub-districts  in  which  any  such  graded  school  is  located, 
file  with  the  secretary  of  the  board  of  education  their  petition  pray- 
ing for  an  extension  of  the  term  of  sucli  graded  school  for  a  givsn 
number  of  months  for  the  ensuing  year,  said  board  of  education 
shall  extend  the  term  of  said  graded  school  for  the  number  of 
months  prayed  for,  and  shall  provide  for  such  additional  expense 
necessarily  incurred  in  carrying  on  said  school  for  such  extended 
term  by  special  levy  not  exceeding  the  rate  of  five  cents  on  the 
hundred  dollars  valuation  of  the  taxable  property  of  such  sub- 
district,  and  the  proceeds  of  such  levy  shall  be  known  as  sub-district 
teachers'  fund,  and  shall  be  collected,  reported  and  accounted  for 
as  provided  for  the  proceeds  of  other  school  levies. 

Additional  Salary 

Sec.  29.  The  board  of  education  of  any  district  or  independent 
district  may  pay  the  teachers  of  their  district  such  salaries  in 
addition  to  the  minimum  salary  fixed  by  law,  as  hereinbefore  pro- 
vided, as  they  may  see  proper,  having  regard  to  the  grade  of  the 
teachers'  certificate;  and  where  they  establish  a  high  or  graded 
school  employing  two  or  more  teachers  the  board  may  fix  a  higher 
grade  of  salary  to  be  paid  the  teachers  of  any  such  high  or  graded 
school,  and  grade  their  salaries  according  to  the  conditions  existing 
in  such  schools. 

District  High  Schools. 

Sec.  30.  (a)  If  the  board  of  education  of  any  district  deem 
it  expedient  to  establish  a  high  school  in  such  district  they  shall 
submit  the  question  to  the  voters  of  the  district  at  a  general  or  spe- 
cial election  in  the  manner  following,  that  is  to  say:  The  board 
shall  prepare  and  sign  a  notice  setting  forth  the  kind  of  school 
proposed ;  the  place  where  it  is  to  be  located ;  the  estimated  expense 
of  establishing  the  same,  including  cost  of  site,  building,  furniture, 
books  and  apparatus  and  the  estimated  annual  expense  of  support- 
ing the  school  after  it  is  in  operation  with  such  other  information 
concerning  it  as  they  may  deem  proper ;  and  stating  that  the  ques- 
tion of  authorizing  the  establishment  of  such  high  school  shall  be 
submitted  to  the  voters  of  the  district  at  the  election  specified  in 


26  School  Law  of  West  Virginia. 

the  notice  whirl)  they  shall  cause  to  be  posted  for  four  weeks  be- 
fore the  election  in  at  least  three  of  the  most  public  places  in  the 
district. 

The  ballots  used  in  voting  on  the  question  shall  have  written  or 
printed  thereon  the  words  "For  district  high  school,"  and  "Against 
district  high  school."  If  it  appear  by  the  result  of  said  election 
that  not  less  than  three-fifths  of  the  voters  who  voted  on  the  ques- 
tion are  in  favor  of  authorizing  the  establishment  of  said  school  the 
board  of  education  shall  then  proceed  to  obtain  the  site,  provide 
proper  buildings,  fixtures  and  improvements,  procure  necessary 
furniture,  books  and  apparatus  and  employ  necessary  teachers 
therefor. 

(6)  The  high  schools  of  this  state  shall  be  divided  into  three 
classes  as  follows: 

High  schools  of  the  first  class  shall  include  all  high  schools  of- 
fering courses  of  study  covering  four  years  of  not  less  than  thirty- 
two  weeks  each — and  after  July  1,  1913  of  not  less  than  thirty-six 
weeks  each — and  employing  not  fewer  than  three  thoroughly  quali- 
fied high  school  teachers  who  devote  all  of  their  time  to  the  teach- 
ing of  high  school  subjects. 

High  schools  of  the  second  class  shall  include  all  high  schools  of- 
fering courses  of  study  covering  three  years  of  not  less  than  thirty- 
two  weeks  each — and  after  July  1,  1913,  of  not  less  than  thirty-six 
weeks  each — and  employing  not  fewer  than  two  thoroughly  quali- 
fied high  school  teachers  who  devote  all  of  their  time  to  the  teach- 
ing of  high  school  subjects. 

High  schools  of  the  third  class  shall  include  all  high  schools  of- 
fering courses  of  study  covering  two  years  of  not  less  than  thirty- 
two  weeks  each — and  after  July  1,  1913,  of  not  less  than  thirty-six 
weeks  each — and  employing  at  least  one  thoroughly  qualified  high 
school  teacher  who  devotes  all  of  his  time  to  the  teaching  of  high 
school  subjects. 

(c)  It  shall  be  the  duty  of  the  State  superintendent  of  schools 
to  classify  all  of  the  high  schools  of  the  state  in  accordance  with  the 
provisions  of  division  "b"  of  this  section. 

(d)  To  assist  in  the  maintenance  of  all  such  high  schools  as  have 
been  properly  classified  according  to  the  provisions  of  division  "b" 
of  this  section  and  have  complied  with  all  the  requirements  there- 
of, the  following  amounts  are  hereby  appropriated  to  be  paid  out 
of  any  money  in  the  State  treasury  not  otherwise  appropriated. 

To  high  schools  of  the  first  class,  $800 ;  to  high  schools  of  the  sec- 


School  Law  of  West  Virginia.  27 

ond  class,  $600 ;  to  high  schools  of  the  third  class,  $400 ;  Provided, 
That  the  total  amount  so  appropriated  to  all  high  schools  receiving 
such  aid,  shall  not  in  any  one  year  exceed  $40,000. 

(e)  The  state  superintendent  of  schools  shall  not  later  than  the 
first  day  of  July,  one  thousand  nine  hundred  and  eleven  and  not 
later  than  the  first  day  of  July  of  each  year  thereafter,  notify  the 
county  superintendent  of  schools  of  each  county  as  to  the  amount 
due  under  the  provisions  of  this  section  to  each  of  the  classified 
high  schools  of  his  county.  The  county  superintendent  shall  issue 
his  warrants  upon  the  auditor  payable  to  the  order  of  the  sheriff 
of  his  county,  for  the  amount  due  each  school  which  shall  be  paid  in 
two  equal  installments,  payable  on  the  fifteenth  day  of  September 
and  December  respectively. 

High  School  to  be  Discontinued. 

Sec.  31.  Any  district  high  school  shall  be  discontinued  at  the 
end  of  any  year  upon  the  petition  in  writing  of  at  least  seventy-five 
per  cent,  of  the  taxpayers  of  the  district. 

Meetings — Quorum. 

Sec.  32.  The  boards  of  education  of  the  several  districts  may 
hold  their  meetings  on  the  first  Monday  of  each  month  during  the 
school  term  and  at  such  other  times  as  they  may  determine,  but  no 
business  shall  be  transacted  at  a  special  meeting  except  such  as  may 
be  designated  in  the  call  therefor  of  which  all  the  members  have 
notice.  A  quorum  of  the  board  shall  consist  of  a  majority  of  the 
members  thereof,  and  they  shall  do  no  official  business  except  when 
assembled  as  a  board. 

Compensation. 

Sec.  33.  The  members  of  the  board  of  education  of  each  district 
shall  each  receive  as  compensation  for  their  services  the  sum  of  two 
dollars  per  day  to  be  paid  out  of  the  building  fund  of  the  district 
on  the  order  of  the  county  superintendent ;  provided,  that  no  com- 
missioner shall  receive  pay  for  more  than  ten  days,  and  no  presi- 
dent for  more  than  fifteen  days  in  one  year,  one  day  of  which  shall 
be  spent  by  each  of  them  in  attending  a  county  teachers'  institute 
held  in  his  county. 


28  School  Law  of  West  Virginia. 

Kindergartens. 

Sec.  34.  The  board  of  education  of  any  district  or  independent 
district  in  which  there  is  a  city,  town  or  village,  of  one  thousand 
population  or  more,  may  establish  in  connection  with  the  schools  of 
such  district  a  kindergarten,  to  which  may  be  admitted  children  be- 
tween the  ages  of  four  and  six  years,  under  such  regulations  as  may 
be  prescribed  by  law  for  the  admission  of  youth  to  the  other  schools 
of  such  district. 

No  person  may  be  employed  as  a  teacher  in  such  kindergarten 
unless  she  holds  a  diploma  from  a  kindergarten  college,  or,  in  ad- 
dition to  holding  such  a  certificate  as  is  required  of  other  persons 
employed  as  teachers  in  the  schools  of  this  state,  be  duly  examined 
in  kindergarten  methods  and  theories,  in  such  manner  as  the  board 
of  education  may  prescribe. 

Free  Text  Books. 

Sec.  35.  The  board  of  education  of  any  district  or  independent 
district  may  purchase  the  necessary  text-books  prescribed  to  be  used 
in  the  free  schools  under  their  control  and  furnish  the  same  free  to 
the  pupils  of  said  schools.  If  the  board  of  education  determines  to 
purchase  and  furnish  such  free  text-books,  they  shall  enter  an  or- 
der to  that  effect  upon  the  records,  and  shall  cause  said  books  to  be 
purchased  and  kept  in  charge  by  the  secretary  and  furnished  to  the 
pupils  of  the  free  schools  of  their  district  as  hereinafter  provided. 

Teachers  to  Distribute. 

Sec.  36.  At  the  commencement  of  every  term  of  the  free  schools 
in  such  district  the  secretary  shall  deliver  to  the  teachers  thereof 
such  books  as  may  be  necessary  for  the  use  of  the  several  pupils 
therein  for  the  ensuing  term  of  school  and  take  from  them  receipts 
showing  the  number  and  kind  of  books  so  received.  It  shall  be  the 
duty  of  such  teachers  to  take  charge  of  such  books  and  to  distribute 
them  among  the  pupils  of  their  schools  as  needed,  and  said  teachers 
shall  have  and  exercise  general  control  over  said  books  during  such 
term  and  at  the  close  thereof  and  before  they  receive  an  order  for 
salary  for  the  last  month  of  such  term  shall  collect  and  gather  to- 
gether all  the  books  so  used  during  the  term  and  deliver  tnem  to  the 
secretary  of  the  board  of  education;  provided,  that  if  any  of  the 
books  delivered  to  any  pupil  of  such  district  shall  be  unnecessarily 


School  Law  of  West  Virginia.  29 

injured  or  destroyed  they  shall  be  replaced  by  the  pupil  who  injur- 
ed or  destroyed  them.  All  such  books  shall  be  purchased  by  the 
board  of  education  directly  from  the  publisher,  contracted  with  as 
prescribed  by  law  and  at  the  net  wholesale  price. 

Books  for  Library. 

Sec.  37.  The  board  of  education  of  any  district  may  purchase 
books  for  school  libraries.  But  not  more  than  ten  dollars  shall  be 
expended  in  any  year  for  this  purpose  for  any  school,  and  books  so 
purchased  must  be  selected  from  the  list  and  in  the  order,  and  of 
the  edition  recommended  by  the  state  superintendent  of  free 
schools. 

Librarian. 

Sec.  38  The  trustees  of  any  sub-district  where  there  is  a  school 
library  containing  two  hundred  volumes  may  upon  the  petition  in 
writing  of  at  least  half  of  the  taxpayers  of  the  sub-district  employ  a 
responsible  person  to  care  for  such  school  library  during  the  time 
school  is  not  in  session  and  to  open  the  said  library  for  part  of  one 
day  in  each  week  at  which  time  the  patrons  and  pupils  of  such  sub- 
district  may  draw  out  books  under  such  rules  and  regulations 
for  the  care  and  return  thereof  as  the  said  trustees  may  prescribe. 
For  his  services  the  said  librarian  shall  be  paid  five  dollars  per 
year,  out  of  the  building  fund,  by  order  of  the  board  of  education. 

Bonds — Election. 

Sec.  39.  In  any  district  or  independent  district,  the  board  of 
education  may  borrow  money  and  issue  bonds  therefor  for  the  pur- 
pose of  building,  completing,  enlarging,  repairing  or  furnishing 
school  houses,  in  such  district  or  independent  district.  Said  bonds, 
shall  be  payable  in  not  less  than  ten  nor  more  than  thirty-four 
years  from  their  date,  and  the  rate  of  interest  thereon  shall  not  ex- 
ceed six  per  centum  per  annum ;  provided,  that  no  debt  shall  be 
contracted  under  this  section  which  shall,  including  existing  indebt- 
edness, in  the  aggregate,  exceed  two  and  one-half  per  centum  on  the 
value  of  the  taxable  property  in  said  district,  to  he  ascertained  by 
the  last  assessment  for  state  and  county  taxes  previous  to  the  in- 
curring of  such  indebtedness,  nor  without  at  the  same  time  provid- 
ing for  the  collection  of  a  direct  annual  tax  sufficient  to  pay  annu- 
ally the  interest  on  said  debt,  and  the  principal  thereof,  within  and 


30  School  Law  of  West  Virginia. 

not  exceeding  thirty- four  years;  and,  provided,  further,  that  no 
debl  shall  be  contracted  under  this  section  unless  all  questions 
connected  with  the  same  have  been  first  submitted  to  a  vote  of 
the  people  of  said  district  at  a  special  or  general  election,  and 
have  received  three-fifths  of  all  the  votes  cast  for  and  against 
the  same. 

THE  GENERAL  SCHOOL  FUND. 

Sec.  40.  The  proceeds  of  the  capitation  tax,  the  income  of  the 
school  fund,  the  net  proceeds  of  all  forfeitures  and  fines  which  ac- 
crue to  the  state  during  the  previous  year  and  all  money  arising 
from  the  sources  named  in  section  four  of  article  twelve  of  the  con- 
stitution heretofore  going  to  the  "school  fund,"  but  as  now  amend- 
ed going  to  "the  general  school  fund,"  and  all  funds  from  any 
sources  paid  into  the  treasury  for  school  purposes  and  not  otherwise 
appropriated,  shall  be  set  apart  for  the  support  of  free  schools,  as  a 
separate  fund  to  be  called  "the  general  school  fund"  and  shall  be 
annually  apportioned  and  distributed  to  the  several  counties  of  the 
state  in  proportion  to  the  number  of  youth  of  school  age  according 
to  the  latest  enumeration  for  school  purposes,  to  be  applied  to  the 
support  of  free  schools  throughout  the  state,  and  to  no  other  pur- 
pose whatever,  except  that  the  auditor  shall  in  ascertaining  the 
amount  to  be  apportioned  and  distributed  to  the  several  counties 
first  deduct  the  aggregate  salary  of  the  state  superintendent  of 
free  schools,  his  necessary  traveling  expenses  not  to  exceed  five  hun- 
dred dollars,  the  contingent  expenses  of  his  office,  the  salaries  of 
the  county  superintendents,  the  supplementary  fund  provided  for 
in  section  twenty-one  and  other  expenditures  required  by  law  to  be 
paid  out  of  the  general  school  fund ;  provided,  that  if  the  amount 
of  the  general  school  fund  in  any  year  is  less  than  seven  hundred 
and  fifty  thousand  dollars  the  board  of  public  works  shall  transfer 
thereto  from  the  state  fund  an  amount  necessary  to  make  the  gen- 
eral school  fund  at  least  seven  hundred  and  fifty  thousand  dollars ; 
and  if  in  the  judgment  of  said  board  the  condition  of  the  state  fund 
will  justify  it,  such  transfer  may  be  sufficient  to  make  tne  general 
school  fund  one  million  dollars. 

Auditor  to  Report. 

Sec.  41.  It  shall  be  the  duty  of  the  auditor,  on  or  before  the 
twentieth  day  of  July  in  each  year,  to  ascertain  the  amount  of  the 


School  Law  of  West  Virginia.  31 

general  school  fund  which  is  distributable  among  the  several  coun- 
ties as  aforesaid,  and  notify  the  state  superintendent  of  free  schools 
thereof,  who  shall  thereupon  ascertain  the  proper  share  of  each 
county  and  notify  the  auditor  and  each  county  superintendent  of 
said  apportionment. 

Apportionment  of  General  School  Fund. 

Sec.  42.  Upon  receiving  such  notice,  the  county  superintendent 
shall  ascertain  the  proper  share  of  each  district,  and  independent 
school  district,  of  his  county,  according  to  the  number  of  youth 
enumerated  therein,  and  give  notice  to  the  board  of  education  of 
each  district,  and  independent  school  district,  in  the  county,  of  the 
amount  of  the  general  school  fund  due  each  respectively,  and  that 
the  same  cannot  be  drawn  by  them  until  they  have  made  the  levy  re- 
quired by  section  twenty-one  of  this  chapter. 

Requisition  for  the   General  School  Fund. 

Sec.  43.  When  the  board  of  education  has  laid  the  levy  for  the 
teachers'  fund  the  county  superintendent  shall  issue  his  requisition 
on  the  auditor,  payable  to  the  order  of  the  sheriff  of  his  county,  for 
the  amount  due,  which  shall  be  paid  in  two  equal  installments,  pay- 
able on  the  fifteenth  of  September  and  December,  respectively. 

Delinquent  Lists. 

Sec.  44.  The  delinquent  lists  for  the  county  and  district  school 
levies  shall  be  returned  and  all  other  proceedings  had  in  relation 
thereto  as  provided  by  law  for  other  delinquent  taxes. 

SECRETARY. 

Duties. 

Sec.  45.  The  board  of  education  at  their  first  meeting,  which 
shall  be  held  on  the  first  Monday  in  July  of  each  year  shall  appoint 
a  secretary  who  shall  not  be  a  member  of  the  board,  and  who  shall, 
before  entering  upon  the  discharge  of  his  duties,  take  the  oath  pre- 
scribed by  law,  and  shall  attend  all  meetings  of  the  board,  and  re- 
cord their  official  proceedings  in  a  book  kept  for  that  purpose,  which 
record  shall  be  attested  by  his  signature  and  the  signature  of  the 


32  School  Law  of  West  Virginia. 

president  of  the  board,  and  which  shall  at  all  reasonable  times  be 
open  to  the  inspection  of  any  person  interested  therein;  he  shall 
have  the  care  and  custody  of  all  papers  belonging  to  the  board,  in- 
cluding evidences  of  title,  contracts  and  obligations,  and  preserve 
the  same  in  his  office  properly  arranged  for  reference;  and  shall  re- 
cord and  keep  on  file  in  his  office  such  papers  and  documents  per- 
taining to  the  business  of  the  board,  and  keep  such  accounts  and 
prepare  and  certify  such  reports  and  writings,  as  the  law  may  re- 
el uire  or  the  board  direct,  all  of  which  records,  papers,  contracts, 
documents  and  other  property  pertaining  to  his  office  shall  be  im- 
mediately delivered  in  proper  condition  to  his  successor  in  office. 

Abstract  of  Proceedings. 

Sec.  46.  The  secretary  of  the  board  of  education  of  each  district 
shall,  within  three  days  after  each  meeting  of  the  board  of  educa- 
tion, post  an  abstract  of  the  proceedings  thereof  at  the  front  door 
of  the  place  of  meeting,  and  within  ten  days  after  the  annual  set- 
tlement with  the  sheriff  the  secretary  of  the  board  of  education  of 
each  district  and  independent  district  shall  post  at  the  same  place 
an  itemized  statement,  duly  sworn  to  by  the  president  and  the  sec- 
retary of  said  board,  showing  all  disbursements  by  said  president 
and  secretary  by  orders  on  the  sheriff,  or  otherwise,  within  the 
school  year  last  preceding,  from  the  teachers'  fund,  the  building 
fund,  and  any  other  fund  from  which  disbursements  are  made,  set- 
ting forth  the  name  of  the  person  to  whom  and  the  purpose  for 
which  each  order  was  issued. 

Administer  Oaths. 

Sev.  47.  The  secretary  shall  have  authority  to  administer  oaths 
to  school  officers  and  to  teachers  or  others  reporting  enumeration. 

Assessor's  Certificate. 

Sec.  48.  The  assessor  shall  make  out  and  deliver  to  the  secretary 
of  the  board  of  education  of  each  district  and  independent  district 
in  his  county  on  or  before  the  second  Tuesday  in  August  in  each 
year,  a  certificate  showing  the  aggregate  value  of  all  personal  prop- 
erty and  real  estate  in  such  district  or  independent  district,  and  to 
the  county  superintendent  of  free  schools  a  certificate  of  the  aggre- 


School  Law  of  West  Virginia.  33 

gate  value  of  such  property  in  the  county,  which  certificates  shall 
serve  as  the  basis  for  the  school  levies  for  the  ensuing  year. 

Report  Rate  of  Levy. 

Sec.  49.  "Within  three  days  after  the  board  of  education  has  laid 
the  levy  for  the  building  fund  and  the  teachers'  fund,  it  shall  be  the 
duty  of  the  secretary  to  report  the  rate  thereof  to  the  county  super- 
intendent and  the  proper  assessor,  and  within  three  days  thereafter 
it  shall  be  the  duty  of  the  county  superintendent  to  report  the  rate 
of  levy  for  the  various  funds  to  the  clerk  of  the  county  court  and  the 
assessor  and  the  rate  of  levy  for  all  funds,  and  the  total  value  of  real 
and  personal  property  in  each  district  and  independent  district  to 
the  state  superintendent  and  the  auditor ;  and  it  shall  thereupon  be 
the  duty  of  the  proper  county  officer  to  extend  on  the  personal 
property  book  and  on  the  land  book  the  amount  of  taxes  levied  as 

4 

aforesaid,  in  separate  columns,  headed  respectively  teachers'  fund, 
and  building  fund,  which  taxes  the  sheriff  shall  collect  and  account 
for  as  required  by  law. 

Penalty. 

Sec.  50.  Any  assessor,  clerk  of  the  county  court,  secretary  of  a 
board  of  education,  or  county  superintendent  who  fails  to  perform 
the  duties  required  of  him  by  sections  forty-eight  and  forty-nine  of 
this  chapter,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  be  fined  twenty  dollars. 

Report. 

Sec.  51.  From  the  reports  of  trustees,  the  teachers'  registers, 
the  annual  settlement  with  the  sheriff,  and  from  such  other  authen- 
tic information  as  he  may  be  able  to  obtain,  the  secretary  shall  make 
a  tabular  report  to  the  county  superintendent  on  or  before  the 
twentieth  day  of  July  annually,  showing  all  the  statistics  and  other 
facts  required  in  the  blanks  furnished  by  the  state  superintendent, 
with  such  explanations  and  remarks  as  he  may  deem  pertinent. 

Salary. 

Sec.  52.  The  secretary  of  the  board  of  education  of  each  dis- 
trict shall  receive  for  his  services  in  districts  with  fewer  than  fif- 
teen schools  twenty  dollars ;  and  in  districts  with  fifteen  and  fewer 


34  School  Law  of  West  Virginia. 

than  twenty-five  schools,  thirty-five  dollars,  and  in  districts  with 
more  than  twenty-five  schools,  fifty  dollars.  In  addition  thereto  he 
shall  receive  the  sum  of  ten  dollars  for  the  report  required  in  sec- 
tion fifty-one,  hoth  amounts  to  he  paid  out  of  the  building  fund  of 
his  district  on  the  order  of  the  county  superintendent  of  free 
schools;  but  said  order  shall  not  be  issued  until  the  secretary  has 
made  a  correct  and  complete  report  within  the  time  required  by 
law. 

TRUSTEES. 

Appoin  t  men  t — Term — Oath. 

Sec.  53.  The  board  of  education  shall  at  the  first  meeting  to  be 
held  on  the  first  Monday  of  July,  nineteen  hundred  and  eight, 
appoint  three  intelligent  and  discreet  persons  trustees  for  each  sub- 
district  in  their  district,  who  shall  hold  their  office,  one  for  one  year, 
one  for  two  years,  and  one  for  three  years  respectively ;  and  annual- 
ly thereafter  appoint  one  trustee  for  said  sub-district  who  shall  hold 
his  office  for  a  term  of  three  years,  and  every  trustee  so  appointed 
under  this  section  shall  be  immediately  notified  of  his  appointment, 
and  shall  within  ten  days  after  receiving  such  notification,  qualify 
as  such  by  taking  and  subscribing  to  the  oath  of  office  prescribed 
by  law. 

Quorum. 

Sec.  5Sy2.  No  one  trustee  shall,  by  himself,  have  any  power  to 
perform  any  duty  required  by  law  of  the  trustees,  who  shall  meet  at 
a  time  and  place  fixed  by  two  of  their  number,  the  other  having  had 
reasonable  notice  of  such  meeting,  and  two  of  the  trustees  shall 
constitute  a  quorum,  and  they  shall  keep  a  record  of  their  acts  and 
proceedings  in  a  book  to  be  furnished  them  by  the  board  of  educa- 
tion for  that  purpose,  such  book  to  be  turned  over  by  them  to  their 
successors  in  office. 

May  be  Removed. 

Sec.  54.  Any  trustee  may,  for  good  cause  shown,  be  removed 
from  office  by  the  board  of  education  upon  five  days'  notice  in  writ- 
ing, of  the  cause  alleged  for  his  removal,  and  of  the  time  and  place 
the  board  will  take  action  thereon. 


School  Law  of  West  Virginia.  35 

Vacancy  in  Office. 

Sec.  55.  Vacancies  in  the  office  of  school  trustee  shall  be  filled  by 
the  board  of  education  for  the  unexpired  term. 

Appoint  Teachers. 

Sec.  56.  The  trustees  of  every  sub-district  shall  have  charge  of 
the  school  therein  and  shall  on  the  third  Monday  in  July  of  every 
year,  or  as  soon  thereafter  as  practicable,  appoint  at  the  school 
house  of  their  sub-district,  a  teacher  or  teachers,  for  the  ensuing 
term  of  such  school,  who  shall  hold  a  valid  teachers'  certificate, 
and  such  appointment  shall  be  in  writing  according  to  the  form  of 
contract  furnished  by  the  state  superintendent  of  free  schools, 
which  contract  shall  be  at  the  rate  fixed  for  the  grade  of  certificate 
held  by  such  teacher  and  shall  be  filed  with  the  secretary  of  the 
board  before  the  beginning  of  the  term  for  which  the  teacher  is 
employed. 

File  Duplicate. 

Sec.  57.  No  person  shall  be  employed  to  teach  in  a  free  school  m 
this  state  until  he  has  presented  to  the  trustees  or  board  having 
charge  thereof,  a  certificate  in  duplicate  of  his  qualifications  which 
duplicate  shall  be  filed  until  the  close  of  the  school  term  with  the 
secretary  of  the  board  of  education  of  the  district  wherein  said 
school  is  situated,  and  so  endorsed  on  the  original  by  the  secretary, 
and  no  salary  shall  be  paid  to  any  teacher  unless  such  duplicate 
be  so  filed. 

Appointment  of  Certain  Persons  Prohibited. 

Sec.  58.  No  trustee  shall  contract  with  or  appoint  as  teacher  of 
his  school  himself,  his  wife,  father,  son,  son-in-law,  grandson, 
brother,  brother-in-law,  daughter,  daughter-in-law,  granddaughter, 
sister,  sister-in-law,  aunt,  uncle,  niece,  nephew,  or  first  cousin  by 
blood.  If  any  trustees  appoint  any  person  so  related  to  any  two  of 
the  trustees  as  teacher  of  their  school,  the  board  of  education  may 
declare  such  contract  void.  Any  teacher  may  be  removed  by  the 
board  of  education  for  incompetency,  neglect  of  duty,  intemper- 
ance, profanity,  cruelty  or  immorality,  and  any  teacher  so  removed 
shall  not  receive  any  salary  for  the  unexpired  term. 


36  School  Law  op  West  Virginia. 

Holidays. 

See.  59.  In  contracts  with  teachers  it  shall  be  understood  that 
school  is  not  to  be  kept  in  operation  for  instruction  on  Saturday  or 
any  holiday,  but  if  a  holiday  fall  upon  a  day  which  otherwise 
would  be  a  school  day,  and  on  a  day  immediately  preceding  or  im- 
mediately following  a  day  on  which  school  is  taught,  it  shall  be 
counted  as  though  taught, 

Visit  Schools. 

Sec.  60.  The  trustees  shall  visit  every  school  under  their  charge 
within  two  weeks  after  the  opening,  and  again  within  two  weeks 
before  the  close  thereof,  and  at  such  other  times  as  it  may  be  neces- 
sary or  useful.  During  such  visits  they  shall  inspect  the  register  of 
the  teacher  and  see  whether  it  has  been  properly  kept,  and  ascertain 
whether  the  pupils  are  supplied  with  books  and  other  things  requir- 
ed for  their  studies ;  whether  the  school  houses  and  grounds,  closets, 
and  other  outbuildings,  furniture,  apparatus  and  library  are  kept  in 
good  order;  whether  anything  injurious  to  health  is  suffered  to  re- 
main about  the  house  or  grounds;  and  whether  the  school  house  is 
well  ventilated  and  kept  clean  and  comfortable;  and  where  neces- 
sary they  shall  provide  and  promptly  apply  the  proper  remedy. 
They  shall  also,  during  such  visits  make  such  examination  as  they 
may  deem  pertinent  respecting  the  studies,  discipline  ana  general 
condition  of  the  school  and  the  conduct  and  proficiency  of  the  pu- 
pils, and  give  such  directions  or  make  such  suggestions  to  the 
teacher,  as,  in  their  opinion,  will  promote  the  interests  of  the  school, 
and  the  health,  morals  and  progress  of  the  pupils. 

Purchase  Supplies. 

Sec.  61.  The  trustees  shall  cause  the  school  house  under  their 
charge  and  everything  pertaining  thereto  to  be  kept  in  good  order, 
and  to  this  end  may  purchase  fuel,  water-buckets,  brooms,  coal-hods, 
shovels,  pokers,  stove-pipe,  crayons,  erasers,  dippers  and  wash- 
basins for  use  in  the  school  room,  and  make  such  repairs  to  windows, 
doors,  benches,  desks,  floors,  walls,  ceilings  and  roofs  as  may  be 
necessary  to  make  the  house  comfortable.  The  trustees  shall  also 
see  that  the  school  house  is  swept  and  that  fires,  when  necessary, 
are  made  and  kept  therein  by  the  teacher,  if  the  teacher  so  desire, 
for  which  sweeping  and  fire  building  the  teacher  or  other  person 


School  Law  op  West  Virginia.  37 

doing  the  work  shall  be  allowed  fifty  cents  per  week,  payable  at  tlie 
end  of  the  term  upon  a  proper  certificate  from  the  trustees,  out  of 
the  building  fund  of  the  district. 

May  Allow  School  Houses  Used. 

Sec.  62.  The  trustees  may  allow  the  school  house  in  their  charge 
to  be  used  for  holding  religious,  political,  or  literary  metings  and 
Sunday  school  and  such  other  meetings  as  may  be  considered  bene- 
ficial to  the  public  generally,  under  such  regulations  for  the  care 
and  cleaning  thereof  as  they  may  prescribe :  provided,  that  such 
meetings  shall  not  interfere  with  the  public  schools. 

Make  Estimates  of  Improvements. 

Sec.  63.  The  trustees  shall  furnish  the  board  of  education  at  the 
end  of  the  school  year  estimates  of  all  improvements  and  repairs 
necessary  for  the  preservation  of  buildings,  grounds  and  furniture 
under  their  charge ;  also  a  report  of  the  condition  of  the  school 
house,  and  the  value  and  kind  of  apparatus,  the  number  of  volumes 
in  the  school  library  and  their  value,  with  such  explanations  and 
additional  information  as  they  may  deem  useful,  or  as  the  blanks 
furnished  by  the  state  superintendent  may  require. 

Report  of  Expenses. 

Sec.  64.  The  trustees  shall  keep  an  exact  account  by  items  of  all. 
necessary  expenses  incurred  by  them  in  the  performance  of  their 
duties,  which  they  shall  file  with  the  secretary  of  the  board  of  edu- 
cation at  or  before  the  last  meeting  for  the  current  school  year.  If 
the  board  find  the  account  correct,  they  shall  pay  the  various  items 
thereof,  out  of  the  building  fund  of  the  district  by  orders  on  the 
sheriff,  but  if  found  incorrect,  the  secretary  shall  return  it  for  cor- 
rection. 

Under  Supervision  of  Board  of  Education. 

Sec.  65.  The  trustees  of  each  sub-district  shall  be  under  the  sup- 
ervision and  control  of  the  board  of  education,  and  in  all  cases  their 
actions  shall  be  subject  to  revision  and  correction  by  the  board  of 
education,  upon  the  complaint  in  writing  of  any  three  taxpayers  of 
the  sub-district. 


38  School  Law  of  West  Virginia. 

Transfer  of  Pupils — Tuition. 

Sec.  66.  Whenever  any  person  authorized  to  attend  school  is  so 
situated  as  to  he  better  accomodated  at  the  free  school  of  an  adjoin- 
ing sub-district  or  independent  district,  whether  in  the  same  or  in 
an  adjoining  district  or  county,  or  whenever  it  may  be  necessary  to 
establish  a  school  composed  of  pupils  from  parts  of  two  or  more  sub- 
districts  in  adjoining  districts,  whether  in  the  same  or  different 
counties,  it  shall  be  the  duty  of  the  trustees  of  the  sub-district  in 
which  such  pupil  lives  to  transfer  him  for  school  purposes  to  the 
sub-district  in  which  such  school  house  is  situated  for  the  same  per- 
iod that  the  schools  of  the  district  from  which  the  transfer  is  made 
are  in  session,  subject,  however,  to  the  approval  of  the  trustees  of 
the  sub-district  or  the  board  of  education  of  the  independent  dis- 
trict, to  which  such  pupil  is  transferred;  but  the  enumeration  of 
youth  shall  be  taken  in  each  sub-district  as  if  no  transfer  had  been 
made. 

Divide  Expenses. 

Sec.  67.  But  in  all  cases  of  transfer  of  pupils  from  one  district 
to  another  the  board  of  education  of  the  district  from  which  the 
transfer  is  made  shall  pay  to  the  board  of  education  of  the  district 
in  which  the  school  is  carried  on  such  proportion  of  the  cost  of 
teachers  of  said  school  as  the  pupil  so  transferred  bear  to  the  whole 
number  of  pupils  taught  in  such  school. 

Consolidation  of  Schools. 

Sec.  68.  Boards  of  education  may,  upon  the  petition  in  writing 
of  seventy-five  per  cent,  of  the  voters  of  the  sub-district  affected, 
abolish  any  sub-district  and  consolidate  the  school  or  schools  therein 
with  the  school  or  schools  of  one  or  more  other  sub-districts,  and 
provide  for  the  conveyance  of  pupils  to  and  from  school  at  public 
expense  under  such  rules  and  regulations  as  they  may  prescribe. 

Contracts  for  the  conveyance  of  pupils  shall  be  let  to  the  lowest 
responsible  bidder,  and  all  expenses  thereof  shall  be  paid  out  of 
the  building  fund  of  the  district. 

Who  May  Attend  School. 

Sec.  69.  The  following  persons  when  residing  in  a  sub-district  or 
independent  district  with  intent  to  make  such  district  their  home, 


School  Law  of  West  Virginia.  39 

shall  have  the  right  to  attend  the  free  schools  thereof,  and  to  receive 
instruction  therein ;  that  is  to  say,  every  youth  between  the  age  of 
six  and  twenty-one  years,  and  any  other  person,  with  the  consent 
of  the  trustees  or  the  board  of  education,  as  the  case  may  be,  and 
upon  the  payment  of  tuition  fees  not  to  exceed  two  dollars  and  fifty 
cents  per  pupil  per  month,  and  upon  such  other  terms  as  the  trus- 
tees or  the  board  of  education  may  prescribe.  Said  tuition  fees 
shall  be  paid  in  advance  to  the  sheriff,  who  shall  give  his  receipt 
therefor  and  place  the  amount  to  the  credit  of  the  teachers'  fund 
of  said  district. 

Colored  Pupils. 

Sec.  70.  White  and  colored  pupils  shall  not  be  taught  in  the  same 
school,  or  the  same  building,  but  it  shall  be  the  duty  of  the  board  of 
education  to  establish  one  free  school,  or  more  if  necessary,  m  any 
sub-district  wherein  there  are  ten  or  more  colored  persons  of  school 
age  and,  if  possible,  in  any  district  wherein  there  are  fewer  than 
ten.  For  the  purpose  of  carrying  out  this  section  the  board  of  edu- 
cation may  establish  schools  composed  of  pupils  from  adjacent  dis- 
tricts in  the  manner  provided  in  section  eighteen  for  white  pupils. 

Division  of  Funds — Mandamus. 

Sec.  71.  Whenever,  in  any  school  district,  the  benefit  of  a  free 
school  education  is  not  secured  to  the  colored  children  residing 
therein  in  the  manner  mentioned  in  the  preceding  section,  the  fund 
applicable  to  the  support  of  free  schools  in  such  district  shall  be 
divided  by  the  board  of  education  in  the  proportion  which  the  num- 
ber of  colored  children  bears  to  the  number  of  white  children  there- 
in, according  to  the  last  enumeration  made  for  school  purposes,  and 
the  share  of  the  former  shall  be  set  apart  for  the  education  of  color- 
ed persons  of  school  age  in  such  district,  and  be  applied  for  that 
purpose  from  time  to  time  in  such  way  as  the  board  of  education 
may  deem  best.  Any  board  of  education  failing  to  comply  with  this 
section  may  be  compelled  to  do  so  by  mandamus. 

COMPULSORY  ATTENDANCE. 

Age — Time — Misdemeanor. 

Sec.  72.  Every  person  having  under  his  control  a  child  between 
the  age  of  eight  and  fifteen  years  shall  cause  such  child  to  attend 


40  School  Law  op  West  Virginia. 

some  free  school  for  a  period  of  twenty-four  weeks,  yearly,  begin- 
ning with  the  opening  of  the  school  term.  For  every  neglect  of  such 
duty,  the  person  offending  shall  be  guilty  of  a  misdemeanor,  and 
shall  upon  conviction  thereof,  before  any  justice,  who  is  hereby  au- 
thorized to  try  and  determine  such  cases,  be  fined  two  dollars  for 
the  first  offence,  and  five  dollars  for  each  subsequent  offence,  which 
fine  shall  be  paid  into  the  building  fund  of  the  district  in  which  said 
offence  occurred. 

An  offence  as  understood  herein  shall  consist  in  the  failure  of 
such  persons  for  two  days  in  any  week  to  cause  such  child  to  attend 
school,  except  in  cases  of  sickness  or  death  in  the  pupil's  family,  or 
other  reasonable  cause,  or  unless  the  pupil  be  thoroughly  and  sys- 
tematically instructed  for  a  like  period  of  time  elsewhere :  provided,, 
there  be  a  school  in  session  within  two  miles  of  the  pupil 's  home,  by 
the  nearest  traveled  road. 

Truant  Officer. 

Sec.  73.  The  board  of  education  of  every  district  or  independent 
district  at  its  first  annual  meeting,  or  as  soon  thereafter  as  practic- 
able, shall  appoint  one  or  more  truant  officers  whose  duty  it  shall  be 
to  enforce  the  provisions  hereof.  Each  officer  so  appointed  shall  use 
due  diligence  to  ascertain  any  violation  of  this  law,  and  when  from 
personal  knowledge  or  by  report  or  complaint  from  any  resident  or 
teacher  of  the  district  under  his  supervision  he  believes  that  any 
child  subject  to  the  provisions  hereof  has  been  absent  from  school 
for  two  days  he  shall  immediately  give  written  notice  to  the  parent, 
guardian  or  custodian  of  such  child  that  the  attendance  of  such 
child  at  school  is  required,  and  if  such  parent,  guardian  or  custodian 
of  said  child  does  not  comply  with  the  provisions  of  this  section  at 
once,  then  such  truant  officer  shall  make  complaint  against  such 
parent,  guardian  or  custodian  before  the  nearest  justice  of  the 
peace:  provided,  that  for  subsequent  offences  in  any  one  year  no 
such  notice  shall  be  required. 

Employer — Misdemeanor. 

Sec.  74.  Any  person  who  induces  or  attempts  to  induce  any  such 
child  unlawfully  to  absent  himself  from  school,  or  who  harbors  or 
employs  any  such  child  unlawfully  absent  from  school  while  the 
school  in  the  district  in  which  such  child  lives  is  in  session,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 


School  Law  op  West  Virginia.  41 

ished  by  a  fine  of  twenty-five  dollars,  and  may  be  imprisoned  ten 
days. 

Duty  of  Teachers. 

Sec.  75.  Teachers  in  ungraded  schools  and  principals  and  super- 
intendents in  graded  and  high  schools  shall  report  to  truant  officers 
all  cases  of  violation  hereof  in  their  sub-districts  or  independent 
districts,  and  shall  furnish  all  reports  and  information  necessary  to 
the  proper  hearing  of  any  case  before  a  justice  of  the  peace  and  all 
such  teachers,  principals  and  superintendents  shall  assist  truant 
officers  in  every  reasonable  way  in  carrying  out  the  provisions  here- 
of. 

Fines. 

Sec.  76.  All  fines  collected  under  the  four  preceding  sections 
shall  at  once  be  paid  over  by  the  justice  to  the  sheriff,  and  by  him 
credited  to  the  building  fund  of  the  proper  district;  and  every 
truant  officer  shall  make  to  the  secretary  of  the  board  of  education 
and  to  the  sheriff  an  itemized  statement  on  the  last  day  of  each 
month  of  all  fines  imposed  hereunder. 

Compensation  of  Truant  Officers. 

Sec.  77.  Said  truant  officers  shall  be  paid  monthly  at  the  rate  of 
two  dollars  per  day  for  the  time  actually  spent  in  the  discharge  of 
their  duties  as  such  officers,  but  in  no  case  shall  payment  for  any 
month's  services  be  made  until  the  truant  officer  has  filed  with  the 
secretary  of  the  board  of  education  the  statement  required  in  the 
preceding  section,  together  with  a  sworn  statement  of  the  number 
of  truancy  cases  investigated  and  the  time  actually  employed  in 
such  duties.  "When  the  truant  officer  has  faithfully  performed  his 
duties  and  filed  the  statement  required,  the  board  of  education,  if 
satisfied  that  the  same  are  just  and  correct,  shall  issue  and  deliver 
to  him  an  order  on  the  sheriff  for  the  amount  of  his  account,  paya- 
ble out  of  the  building  fund  of  the  district. 

SUBJECTS  TAUGHT. 

Sec.  78.  In  the  free  schools  there  shall  be  taught  reading,  orthog- 
raphy, penmanship,  arithmetic,  English  grammar  and  language, 
United  States  history,  state  history,  general  and  state  geography, 
civil  government,  general  history,  book-keeping,  elementary  agricul- 


42  School  Law  of  West  Virginia. 

ture,  and  physiology  and  hygiene,  and  in  connection  therewith  the 
nature  of  alcoholic  drinks  and  narcotics,  with  special  instruction  as 
to  their  effect  upon  the  human  system,  and  in  addition  thereto  in 
graded  and  high  schools  such  other  subjects  as  may  be  required  in 
the  course  of  study  prescribed  by  the  state  board  of  education. 

STATE  SUPERINTENDENT  TO  PREPARE  MANUAL. 

Sec.  79.  It  shall  be  the  duty  of  the  state  superintendent  of  free 
schools  to  prepare  and  distribute  a  manual  containing  the  courses  of 
study  prescribed  by  the  committee  on  course  of  study  and  such  other 
matter  as  may  seem  necessary  to  enable  teachers  to  carry  out  tlie 
said  courses  of  study,  and  his  further  duty  to  see  that  the  teachers 
in  all  the  various  schools  follow  the  course  of  study  so  prescribed; 
he  shall  also  provide  for  the  examination  and  graduation  of  pupils 
who  satisfactorily  complete  the  said  course  of  study  and  shall  issue 
diplomas  thereto. 

EXAMINATION  OF  TEACHERS. 

Time  and  Place. 

Sec.  80.  The  general  regulation,  direction  and  control  of  all 
matters  relating  to  the  examination  of  applicants  for  teachers'  cer- 
tificates, including  the  preparation  of  questions,  the  grading  of 
manuscripts,  the  granting  and  the  issuing  of  certificates,  and  all 
other  powers  necessary  for  the  proper  examination  of  applicants  for 
teachers'  certificates  shall  hereafter  be  vested  in  the  state  superin- 
tendent of  free  schools,  who  shall  designate  the  time  for  holding 
such  examination  simultaneously  in  all  the  counties  of  the  state,  at 
such  places  and  in  such  buildings  as  the  county  superintendent 
shall  designate,  subject  to  the  approval  of  the  state  superintendent. 

Expenses. 

Sec.  81.  For  the  preparation  and  printing  of  questions,  the 
grading  of  manuscripts,  the  transmission  of  certificates  and  the 
additional  clerical  work  demanded,  the  state  superintendent  of 
free  schools  shall  be  allowed  an  amount  not  to  exceed  seven  thou- 
sand six  hundred  dollars  annually,  which  sum  is  hereby  appropriat- 
ed and  set  apart  from  the  general  school  fund  for  this  purpose. 


School  Law  of  West  Virginia.  43 

Branches  in  Which  Examined. 

Sec.  82.  Applicants  for  teachers'  certificates  shall  be  required 
to  pass  an  examination  in  orthography,  reading,  penmanship, 
arithmetic,  English  grammar  and  language,  physiology  and  hy- 
giene, United  States  history,  state  history,  geography,  civil  gov- 
ernment, agriculture,  and  theory  and  art  of  teaching;  and  appli- 
cants for  certificates  good  in  the  advanced  grades  of  graded  schools 
or  in  high  schools  shall  in  addition  to  the  foregoing  be  required  to 
pass  examinations  in  general  history  and  single-entry  book-keeping. 
Applicants  for  high  school  and  primary  teachers'  certificates  shall 
pass  an  examination  in  such  other  branches  as  the  state  board  jf 
education  may  prescribe.  Applicants  having  passed  one  examina- 
tion may  take  a  part  of  the  branches,  not  exceeding  one-half,  in  a 
second  or  third  examination  of  the  same  year,  upon  payment  of 
one-half  the  regular  fee  and  the  state  superintendent  may  at  his 
discretion  allow  such  applicant  the  benefit  of  his  highest  grade  in 
each  branch,  in  making  up  his  certificate. 

Transmitting  Questions  and  Manuscripts. 

Sec.  83.  The  state  superintendent  of  free  schools  shall  prepare 
and  transmit  questions  for  said  examination  to  the  county  superin- 
tendent of  each  county,  securely  sealed,  and  the  county  superin- 
tendent shall  break  the  seal  and  open  the  package  of  questions  and 
seal  all  packages  of  manuscripts,  in  the  presence  of  his  assistant  and 
the  assembled  applicants,  and  shall  conduct  such  examination  in 
the  manner  prescribed  by  the  state  superintendent.  At  the  con- 
clusion of  the  examination,  the  county  superintendent  shall  for- 
ward to  the  state  superintendent,  properly  sealed,  all  man- 
uscripts submitted,  in  accordance  with  full  instructions  to  be 
furnished  by  the  state  superintendent,  together  with  such  informa- 
tion, statements  or  affidavits  as  the  state  superintendent  may  re- 
quire. But  no  applicant  known  to  be  of  immoral  character,  or  to 
be  addicted  to  drunkenness,  or  to  be  under  the  age  of  seventeen 
years  at  the  time  of  the  examination  shall  be  admitted  to  said  ex- 
amination. 

Grades  of  Certificates. 

Sec.  84.  Within  a  reasonable  time  after  the  receipt  of  the  fore- 
going manuscripts,  from  the  county  superintendent,  it  shall  be  the 
duty  of  the  state  superintendent  and  his  assistants  who  shall  be 


44  School  Law  op  West  Virginia. 

actively  engaged  in  school  work,  to  examine  and  grade  them,  and  to 
issue  certificates  in  duplicate  based  thereon,  which  shall  show  the 
grade  or  proficiency  of  the  applicant  in  each  branch  in  which  he  is 
examined,  which  certificates  shall  be  of  three  grades  based  upon  the 
following  scale : 

First  grade  certificates  shall  be  issued  to  all  applicants  who  attain 
a  general  average  of  ninety  on  a  scale  of  one  hundred,  and  not  lower 
than  seventy-five  on  any  one  branch ;  second  grade  certificates  shall 
be  issued  to  all  applicants  who  attain  a  general  average  of  eighty, 
and  not  lower  than  sixty-eight  on  any  one  branch ;  third  grade  cer- 
tificates shall  be  issued  to  all  applicants  who  attain  a  general  aver- 
age of  seventy  and  not  lower  than  sixty  on  any  one  branch.  But  no 
certificate  shall  be  granted  to  an  applicant  until  the  state  superin- 
tendent is  satisfied  as  to  the  identity  of  that  applicant. 

Certificates  to  be  Signed. 

Sec.  85.  All  certificates  so  issued,  shall  be  signed  by  the  state 
superintendent  and  forwarded  by  him  to  the  proper  county  superin- 
tendent who  shall  countersign  them  and  deliver  them  to  the  persons 
entitled  thereto. 

Where  Valid — How  Revoked  ■ 

Sec.  86.  Such  certificates,  unless  revoked  as  provided  for  in  this 
section,  shall  be  valid  in  any  district  or  independent  district  in  the 
state  except  in  independent  districts  specially  authorized  by  law  to 
provide  for  the  examination  and  certification  of  the  teachers  em- 
ployed therein  in  which  independent  districts  they  may  be  made 
valid  by  the  action  of  the  board  of  education  thereof. 

The  state  superintendent  may  after  ten  days'  notice  and  upon 
proper  evidence,  revoke  the  certificate  of  any  teacher  for  drunken- 
ness, untruthfulness,  immorality,  or  for  any  physical,  mental  or 
moral  defect  which  unfits  a  person  for  proper  performance  of  his 
duties  as  a  teacher,  or  for  any  neglect  or  refusal  to  perform  his 
duties  or  for  any  other  cause  which  would  have  justified  the  with- 
holding thereof  when  the  same  was  granted. 

Duration  of  Certificates. 

Sec.  87.  First  grade  certificates  shall  be  valid  for  a  period  of  five 
years  and  shall  be  renewable  once  for  a  like  period  upon  payment  of 


School  Law  of  West  Virginia.  45 

a  fee  of  two  dollars;  provided,  the  holder  thereof  shall  have  taught 
successfully  one  year  thereon ;  or  has  served  as  county  superintend- 
ent of  schools  for  any  period  of  time  while  said  certificate  was  in 
force ;  second  grade  certificates  shall  be  valid  for  a  period  of  three 
years  and  third  grade  certificates  for  a  period  of  one  year,  and  such 
third  grade  certificates  shall  not  be  issued  to  the  same,  applicant 
more  than  two  years  in  succession :  provided,  that  not  more  than 
one  certificate  of  the  same  grade  shall  be  issued  to  an  applicant  in  a 
school  year,  but  applicants  taking  more  than  one  examination  in  the 
same  year  shall  receive  a  statement  showing  what  percentage  they 
made  in  the  different  branches  at  each  examination.  The  state  sup- 
erintendent and  each  county  superintendent  shall  keep  a  register  of 
all  certificates  granted,  stating  the  character  and  grade  of  each  and 
the  date  of  issue  thereof,  and  the  state  superintendent  and  each 
county  superintendent,  upon  vacating  his  office,  shall  turn  over  said 
register  to  his  successor. 

Misdemeanor. 

Sec.  88.  If  any  county  superintendent  or  assistant  intentionally 
violate  any  official  instructions  issued  by  the  state  superintendent 
for  the  conduct  of  examinations,  he  shall  be  guilty  of  a  misdemean- 
or and  upon  conviction  thereof  shall  be  fined  not  less  than  twenty- 
five  and  not  more  than  two  hundred  dollars  and  confined  in  jail 
not  less  than  sixty  days  nor  more  than  one  year,  and  such  convic- 
tion shall  vacate  his  office. 

If  any  person  intentionally  break  or  attempt  to  break  the  seal  of 
a  package  containing  questions  for  an  examination  or  have  any 
of  the  questions  in  his  possession  without  authority  of  law  or  in  any 
way  make  any  change,  alterations,  erasures  or  substitutions  in  the 
manuscripts  during  or  after  the  examination  or  attempt  to  pass  any 
such  examination  under  an  assumed  name,  give  or  receive  help  in 
an  examination,  he  shall  be  guilty  of  a  misdemeanor  anci  upon  con- 
viction thereof  be  fined  not  to  exceed  fifty  dollars  and  confined  in 
jail  not  less  than  ten  days. 

Report  of  Immorality  or  Neglect  of  Duty. 

Sec.  89.  Any  county  superintendent  who  knows  of  any  immoral- 
ity or  neglect  of  duty  on  the  part  of  any  person  holding  a  certificate 
shall  report  the  same,  together  with  all  the  facts  and  evidence  to  trie 
state  superintendent  for  such  action  as  in  his  judgment  may  be 
proper. 


16  School  Law  op  West  Virginia. 

Assistants. 

Sec.  90.  The  county  superintendents  shall  conduct  all  examina- 
tions as  directed  by  the  state  superintendent,  but  when  in  any  ex- 
amination there  are  fewer  than  thirty  applicants  the  county  super- 
intendent shall  appoint  one  assistant,  and  if  more  than  thirty  appli- 
cants, two  assistants,  who  shall  each  receive  six  dollars  for  the  two 
days  spent  in  helping  to  conduct  such  examination.  But  nothing 
herein  contained  shall  prevent  the  state  superintendent  from  send- 
ing a  competent  person  to  oversee  such  examination  if  he  deem  it 
expedient. 

Fees — Expenses. 

Sec.  91.  The  county  superintendent  shall  collect  from  each  ap- 
plicant a  fee  of  one  dollar  and  fifty  cents  and  out  of  the  aggregate 
of  all  fees  so  collected  he  shall  pay  his  assistants  and  other  legitimate 
expenses  of  conducting  such  examination,  and  the  remainder  he 
shall  immediately  pay  to  the  auditor  of  the  state  to  be  placed  to 
the  credit  of  the  general  school  fund  of  the  state.  At  the  close  of 
the  examinations  he  shall  make  and  return  to  the  state  superinten- 
dent of  free  schools  a  detailed  and  certified  report  of  the  names  of 
all  applicants  for  certificates,  the  amount  of  fees  collected  by  him, 
the  amount  paid  out  as  above  provided  for  expenses,  and  the 
amount  paid  the  auditor,  and  shall  send  with  said  report  receipts 
for  all  money  paid  for  expenses. 

Graduates. 

Sec.  92.  The  state  superintendent  of  free  schools  shall  issue 
first  grade  certificates  in  duplicate,  upon  application  in  due  form, 
to  graduates  of  the  "West  Virginia  University,  who  have  taken  at 
least  six  courses  in  education;  to  graduates  of  the  Normal  De- 
partment of  the  State  Normal  School  and  its  branches;  to  gradu- 
ates of  the  Normal  Departments  in  all  other  schools  of  the  state, 
who  have  completed  a  normal  course  which  in  the  judgment  of 
the  state  board  of  education  is  equivalent  in  amount,  kind,  and 
quality  to  that  of  the  State  Normal  School  and  it  branches;  and 
to  graduates  of  the  Normal  Department  of  the  West  Virginia 
Colored  Institute. 

Emergency  Certificates. 
Sec.  92y2-     Upon  request  of  the  county  superintendent  of  schools 


School  Law  of  West  Virginia.  47 

of  any  county  the  state  superintendent  of  schools  may  issue  emer- 
gency certificates,  under  such  regulations  as  shall  be  prescribed  by 
the  state  board  of  education,  to  persons  who  were  unable  to  take  any 
of  the  regular  examinations  for  reasons  that  shall  be  fully  explain- 
ed under  oath  to  the  state  superintendent  of  schools.  For  such 
emergency  certificates  a  fee  of  one  dollar  and  fifty  cents  shall  be 
paid  to  the  county  superintendent  of  schools  who  shall  deposit  the 
same  with  the  auditor  to  be  credited  to  the  general  school  fund. 
Such  certificates  shall  not  be  issued  more  than  once  to  the  same 
person  and  shall  be  valid  only  in  the  county  designated  in  the 
certificate  and  shall  not  be  valid  after  June  thirtieth  following  the 
issuance  of  the  certificate.  The  grade  of  such  certificates  shall  be 
determined  by  the  state  superintendent  of  schools  and  shall  be  in- 
dicated on  the  face  of  the  certificate. 

Primary  Teachers'  Certificates. 

Sec.  93.  In  addition  to  the  certificates  above  provided  for  there 
shall  also  be  issued  primary  teachers'  certificates  which  shall  be 
valid  throughout  the  state  for  teachers  of  the  lowest  grade  in  town 
or  city  schools  having  four  or  five  teachers ;  for  teachers  in  the  first 
and  second  grades  of  town  or  city  schools  having  six  or  seven  or 
eight  teachers ;  and  for  teachers  in  the  first,  second  and  third  grades 
having  more  than  eight  teachers,  and  which  shall  be  granted  as 
herein  provided  for  the  regular  certificates  with  the  exception  that 
the  branches  upon  which  applicants  shall  be  examined  during  the 
year  shall  be  selected  and  announced  by  the  state  superintendent  of 
free  schools  at  least  sixty  days  before  the  examination  held  for  said 
certificate,  but  no  applicant  may  receive  a  primary  teachers'  certifi- 
cate until  the  said  applicant  has  taught  at  least  two  years  on  a  first 
or  second  grade  certificate. 

High  School  Teachers'  Certificates. 

Sec.  94.  High  school  teachers'  certificates  valid  throughout  the 
state  and  required  for  teachers  in  high  schools  shall  be  granted  at 
the  same  time  and  under  the  same  regulations  as  provided  for  grant- 
ing other  certificates  with  the  exception  that  the  branches  or  sub- 
jects upon  which  applicants  shall  be  examined  shall  be  selected  and 
published  in  the  manner  provided  for  examinations  for  primary 
teachers'  certificates.  Such  certificates  shall  be  renewed  as  other 
certificates  except  that  the  additional  subjects  for  examination  may 


48  School  Law  of  West  Virginia. 

be  selected  from  a  list  of  additional  subjects  prescribed  by  the 
committee  on  course  of  study. 

Grade  of  Certain  Certificates. 

Sec.  95.  In  the  payment  of  salaries  and  renewal  of  certificates 
primary  teachers'  certificates  and  high  school  certificates  shall  be 
considered  as  first  grade  certificates. 

State  Certificates. 

Sec.  96.  All  certificates  isued  by  the  state  board  of  examiners 
on  or  before  the  first  day  of  May,  nineteen  hundred  and  eight,  shall 
continue  in  full  force  and  effect,  and  shall  be  deemed  valid  to  the 
extent  of  time  for  which  issued  and  on  their  expiration  may  be  re- 
newed as  provided  for  in  section  one  hundred  and  thirty-two  of 
this  act. 

TEACHER'S  AUTHORITY. 

Sec.  97.  The  teacher  shall  stand  in  the  place  of  the  parent  and 
have  control  of  all  the  children  enrolled  in  his  school  from  the  time 
they  arrive  at  the  school  grounds  until  they  return  to  their  respect- 
ive homes,  and  may  exclude  from  his  school  any  pupil  having  a  con- 
tagious or  infectious  disease,  and  may  suspend  any  pupil  guilty  of 
disorderly,  refractory,  indecent  or  immoral  conduct.  But  the  ac- 
tion of  the  teacher  in  suspending  any  pupil  shall  be  subject  to  re- 
view by  the  trustees.  The  trustees  may  expel  any  pupil  on  com- 
plaint of  the  teacher  or  any  person  interested  if  on  investigation 
the  conduct  of  such  pupil  is  found  to  be  detrimental  to  the  progress 
of  the  school. 

Teachers  Exempt  from  Certain  Duties. 

Sec.  97%-  No  teacher  in  this  state  shall  be  required  to  serve  oa 
any  jury  nor  to  work  on  the  roads  while  his  school  is  in  actual  oper- 
ation. 

Register  and  Reports. 

Sec.  98.  Every  teacher  shall  keep  a  daily  register  and  make 
monthly  reports  to  the  secretary  of  the  board  of  education  of  his 
district.     He  shall  also  keep  a  term  register  in  which  shall  be  enter- 


School  Law  of  West  Virginia.  49 

ed  the  date  of  the  commencement  and  termination  of  the  term 
of  school,  the  name  and  age  of  every  pupil  who  attended  the  school 
during  the  said  term,  and  the  daily  attendance,  distinguishing 
between  male  and  female,  the  branches  taught  and  the  number  of 
pupils  engaged  each  month  in  the  study  of  each  branch  and  such 
other  particulars  as  are  required  by  the  forms  and  regulations  pre- 
scribed by  the  state  superintendent  of  free  schools. 

Payment  of  Teachers. 

Sec.  99.  "When  a  teacher  has  taught  according  to  his  contract, 
for  one  month  he  shall  make  out  a  monthly  summary  thereof  and 
have  it  countersigned  by  the  trustees  setting  forth  that  the  school 
has  been  taught  as  therein  reported,  and  deliver  said  summary  to 
the  secretary  of  the  board  of  education  who  shall  thereupon  issue- 
an  order  for  the  salary  of  such  teacher  for  that  month  on  the  sheriff 
duly  signed  by  the  president  and  secretary  payable  out  of  the 
teachers'  fund.  But  if  the  secretary  be  a  teacher  the  order  for 
his  salary  shall  be  signed  by  the  president  and  one  other  member 
thereof. 

Term  Register  and  Report  of  Enumeration. 

Sec.  100.  At  the  close  of  the  term  the  teacher  shall  return  the 
term  report  to  the  secretary  of  the  board  of  education  who  shall 
examine  it  and  if  found  correct  file  it  in  his  office  and  if  the  enumer- 
ation has  been  properly  taken  and  reported  as  required  in  sections 
one  hundred  and  one  and  one  hundred  and  two  he  shall  issue  and 
deliver  to  such  teacher  an  order  for  the  balance  due  on  his  salary 
payable  as  hereinbefore  provided.  But  unless  such  register  be 
properly  kept  and  returned  the  teacher  shall  not  be  entitled  to  the 
payment  of  the  balance  of  his  salary. 

ENUMERATION. 

Sec.  101.  The  teacher  or  teachers  in  each  sub-district  or  inde- 
pendent district  shall  annually  before  the  close  of  the  school  or 
schools,  and  not  later  than  the  first  day  of  April,  take  and  report  an 
enumeration  of  all  the  youth  residing  in  such  sub-district  or  inde- 
pendent district,  who  will  be  of  school  age  on  the  first  day  of  July 
following,  distinguishing  between  males  and  females,  white  and 
colored. 


50  School  Law  of  West  Virginia. 

Classes. 

See.  102.  The  enumeration  shall  be  taken  and  reported  in  sepa- 
rate classes  as  follows :  all  youth  between  six  and  sixteen  years  of 
age;  all  youth  between  six  and  twenty-one  years  of  age,  and  all 
youth  between  eight  and  fifteen  years  of  age,  and,  in  districts  where 
kindergartens  have  been  established  by  the  board  of  education,  all 
children  between  four  and  six  years  of  age.  The  report  of  enu 
meration  shall  be  verified  by  the  affidavit  of  the  person  who  made  ii 
to  the  effect  that  he  used  all  means  in  his  power  to  make  it;  and 
that  he  believes  it  to  be  correct.  He  shall  deliver  such  report  to 
the  secretary  of  the  board  of  education  with  the  term  report  of  such 
school,  or  not  later  than  the  first  day  of  April,  and,  unless  such  enu- 
meration be  properly  taken  and  reported  by  the  teacher  within  the 
time  required  herein,  the  secretary  shall  deduct  from  the  last 
month's  salary  of  such  teacher  such  amount  as  may  be  necessary  to 
defray  the  expenses  of  taking  said  enumeration  as  hereinafter  pro- 
vided for. 

Secretary  to  Have  Enumeration  Taken. 

Sec.  103.  When  such  enumeration  for  any  district  or  sub-dis- 
trict is  not  received  by  the  secretary  on  or  before  the  first  day  of 
April,  it  shall  be  his  duty,  without  delay,  to  employ  a  competent 
person  to  take  and  report  the  same  as  aforesaid.  The  person  tak- 
ing and  reporting  such  enumeration  shall  be  paid  a  reasonable  com- 
pensation by  the  board  of  education  not  to  exceed  two  dollars  per 
day,  for  the  time  necessarily  consumed,  by  an  order  on  the  sheriff, 
out  of  the  building  fund  of  the  district. 

Record  of  Enumeration. 

Sec.  104.  The  secretary  of  the  board  of  education  shall  keep  a 
record  in  his  office  of  the  enumeration  of  youth  so  taken,  and  shall 
annually  on  or  before  the  fifteenth  day  of  April,  transmit  a  sum- 
mary of  such  enumeration  to  the  county  superintendent  of  his 
county,  who,  not  later  than  the  first  day  of  May,  shall  forward  to 
the  state  superintendent  of  free  schools  a  summary  by  districts  of 
the  enumeration  so  taken  and  reported. 

INSTITUTES. 

Time. 
Sec.  105.     As  a  means  of  improving  the  teachers  and  fitting  them 


School  Law  of  "West  Virginia.  51 

for  more  effective  service  in  the  free  schools  of  the  state,  teachers' 
county  institutes  shall  be  held  annually  throughout  the  state,  one  or 
more  in  each  county  at  such  places  as  a  majority  of  the  teachers  of 
such  county  may  designate  by  petition  to  the  county  superintend- 
ent, or  by  vote  at  the  preceding  teachers'  institute,  and  at  such 
time  between  the  third  week  in  July  and  the  last  week  in  October,  as 
the  state  superintendent  shall,  with  the  advice  of  the  county  super- 
intendent direct,  and  shall  continue  each  for  one  week  of  five  days. 

Attendance. 

Sec.  106.  Every  person  employed  as  a  teacher  in  the  free  schools 
of  the  state  shall  be  required  to  attend  a  county  institute  for  at  least 
five  days  in  the  year  in  which  he  teaches  unless  excused  therefrom 
for  a  good  and  sufficient  reason  by  the  county  superintendent  of  the 
county  in  which  he  proposes  to  teach.  For  such  attendance  he  shall 
receive  pay  at  the  rate  of  one  dollar  and  fifty  cents  per  day  for  not 
exceeding  five  days  in  any  one  year,  such  compensation  to  be  paid 
out  of  the  building  fund  of  the  district  at  the  end  of  his  term  of 
school.  It  shall  be  the  duty  of  the  county  superintendent  to  see 
that  teachers  who  do  not  so  attend  institute  are  not  allowed  to 
teach  during  any  year  in  which  such  failure  occurs. 

Instructors. 

Sec.  107.  The  institute  shall  be  conducted  by  experienced  and 
skillful  instructors  appointed  by  the  state  superintendent  of  free 
schools,  but  it  shall  be  a  part  of  the  duty  of  the  county  superin- 
tendent, under  the  instructions  of  the  state  superintendent  to 
make  all  arrangements  for  the  institutes  and  to  assist  in  conduct- 
ing them. 

Pay  of  Instructors. 

Sec.  108.  The  instructors  appointed  by  the  state  superinten- 
ent  shall  each  be  paid  for  his  services  and  expenses  out  of  the 
general  school  fund  on  the  order  of  the  state  superintendent,  but 
in  no  case  shall  the  amount  so  paid  exceed  one  hundred  dollars 
for  any  one  institute. 

Enrollment  Fee. 

Sec.  109.  Every  teacher  enrolled  in  c  county  institute  shall  pay 
;,n  institute  fee  of  one  dollar,  seventy-five  cents  of  which  shall  be 


52  School  Law  op  West  Virginia. 

rtuuuued  by  the  county  superintendent  to  the  auditor  of  the  state 
to  be  paid  into  the  state  treasury  to  the  credit  of  the  general  school 
fund,  and  the  remainder  may  be  used  for  incidental  expenses  and 
for  the  betterment  of  the  institute,  under  the  direction  of  the 
county  superintendent,  and  an  account  of  said  expenses  shall  be 
road  to  and  approved  by  the  institute  before  the  adjournment 
thereof,  and  any  amount  not  expended  shall  be  disposed  of  as  the 
institute  may  direct. 

Fees  Expended. 

Sec.  110.  The  county  superintendent  shall,  at  the  close  of  the 
institute,  forward  to  the  state  superintendent  a  certified  list  of  all 
persons  enrolled  at  the  county  institute,  giving  the  exact  time  each 
was  in  attendance,  and  a  certified  statement  of  the  receipts  and  ex- 
penditures together  with  the  receipts  for  all  money  expanded. 

District  Institutes. 

Sec.  111.  As  a  further  means  of  improvement  among  teachers 
the  county  superintendent  shall  arrange  for  and  conduct  district 
institutes,  or  teachers'  round  tables,  one  or  more  in  each  district  of 
his  county  within  the  school  year,  and  any  teacher  who  shall  at- 
tend his  district  institute  for  one  school  day  shall  have  credit  there- 
for, when  reported  by  the  county  superintendent,  in  the  month 
in  which  said  institute  is  held,  as  if  actually  taught  by  him. 

Beading  Circle. 

Sec.  112.  Teachers  shall  be  encouraged  to  form  reading  circles 
for  the  purpose  of  pursuing  courses  of  study  in  the  history  of  ed- 
ucation, school  management,  methods  of  teaching,  educational  psy- 
chology and  kindred  subjects,  and  it  shall  be  the  duty  of  the 
state  superintendent  to  prescribe  a  graded  course  of  study  covering 
a  period  of  two  years,  in  the  said  subjects,  to  provide  for  examin- 
ing those  who  complete  the  said  course  and  to  issue  certificates  of 
proficiency  to  such  persons  as  pass  satisfactory  examination  thera- 
on. 

COUNTY  SUPERINTENDENT. 
Election. 
Sec.  113.     A  county  superintendent  of  free  schools  shall  be  elect- 


School  Law  of  West  Virginia.  53 

ed  in  each  county  by  the  voters  thereof,  at  the  general  election 
held  on  the  Tuesday  after  the  first  Monday  in  November,  nineteen 
hundred  and  ten,  who  shall  be  a  resident  of  the  county  in  which 
he  is  elected  and  whose  term  of  office  shall  commence  on  the  first 
day  of  July  next  after  his  election,  and  continue  for  four  years 
and  until  his  successor  is  elected  and  qualified  according  to  law. 
The  county  superintendent  of  free  schools  shall  immediately  upon 
receiving  the  certificate  of  election  from  the  canvassing  board,  or 
the  county  court,  forward  a  written  notice  thereof  to  the  state 
superintendent  of  free  schools. 

Tie  in  Vote. 

Sec.  114.  In  case  of  a  tie  in  the  vote  for  a  county  superin- 
tendent of  free  schools,  the  presidents  of  the  various  district  boards 
of  education  shall  at  a  meeting  called  for  that  purpose,  at  the  court 
house  of  the  county,  by  the  county  superintendent  of  free  schools, 
not  less  than  six  nor  more  than  twelve  days  after  the  result  of 
such  election  is  ascertained,  appoint  one  of  the  persons  receiving 
the  highest  number  of  votes  for  said  office  at  the  said  election  as 
county  superintendent  of  free  schools  who  shall  give  notice  as 
aforesaid  to  the  state  superintendent  of  his  appointment.  A  no- 
tice of  such  meeting  shall  be  made  out  by  the  county  superintendent 
and  served  upon  the  president  of  each  district  board  of  education 
at  least  three  days  before  the  day  of  such  meeting  in  the  manner 
provided  by  law  for  the  service  of  other  process. 

Oath. 

Sec.  115.  The  county  superintendent  shall  wdthin  sixty  days 
after  his  election  qualify  before  the  county  court  of  his  county, 
or  the  clerk  thereof  in  vacation,  by  taking  the  oath  of  office  and  ex- 
ecuting a  bond  with  approved  security  in  the  penalty  of  one 
thousand  dollars  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office  and  for  accounting  for  and  paying  over  all 
money  coming  into  his  hands  as  such  superintendent.  And  the 
said  clerk  shall,  within  five  days  after  said  qualification,  certify  to 
the  state  superintendent  of  free  schools  the  name  and  address  of 
said  county  superintendent  and  the  fact  of  his  executing  such  bond. 

Vacancy. 
Sec.  116.     A  vacancy  in  the  office  of  county  superintendent  shall 


54  School  Law  of  West  Virginia. 

be  filled  until  the  next  general  election  by  the  presidents  of  the 
various  district  boards  of  education,  at  a  meeting  to  be  called  for 
that  purpose  by  the  clerk  of  the  county  court  at  the  court  house  of 
the  county,  within  thirty  days  after  the  vacancy  occurs. 

Qualifications. 

Sec.  117.  The  county  superintendent  of  free  schools  shall  be 
a  person  of  successful  experience  in  teaching  or  supervising  schools ; 
he  shall  hold  a  first  grade  certificate  or  its  equivalent;  provided, 
however,  that  nothing  herein  contained  shall  affect  the  eligibility 
of  the  present  county  superintendents  or  county  superintendents 
elect. 

Salary. 

Sec.  118.  The  county  superintendent  shall  receive  for  his  ser- 
vices an  annual  compensation  as  follows:  In  counties  having  not 
more  than  fifty  schools,  seven  hundred  dollars;  in  counties  having 
more  than  fifty  schools  and  not  more  than  seventy-five  schools, 
seven  hundred  and  seventy-five  dollars;  in  counties  having  more 
than  seventy-five  schools  and  not  more  than  one  hundred  schools, 
eight  hundred  and  fifty  dollars,  and  in  counties  having  more 
than  one  hundred  and  not  more  than  one  hundred  and  twenty-five 
schools,  nine  hundred  and  twenty-five  dollars,  and  in  counties 
having  more  than  one  hundred  and  twenty-five  schools  he  shall 
be  allowed  two  dollars  for  each  additional  school  more  than  one 
hundred  and  twenty-five.  In  addition  thereto  the  county  super- 
intendent shall  be  allowed  the  same  compensation  for  conducting 
examinations  as  is  allowed  his  assistants;  provided,  that  the  salary 
in  no  case  shall  exceed  fifteen  hundred  dollars;  the  county  supei*- 
intendent  shall  not  teach  in  any  school,  public  or  private,  while 
the  schools  of  his  county  are  in  session  and  should  any  county? 
superintendent  engage  in  teaching  public  or  private  school  he 
shall  immediately  thereupon  forfeit  his  office  and  cease  to  be  en- 
titled to  any  further  remuneration. 

Deductions. 

Sec.  119.  The  county  superintendent  shall  report  on  oath  to  the 
state  superintendent  the  number  of  schools  he  has  visited  during 
the  year,  in  compliance  with  section  one  hundred  and  twenty-one 
of  this  chapter,  and  the  state  superintendent  in  paying  the  said 


School  Law  of  West  Virginia.  55 

county  superintendent  shall  deduct  two  dollars  from  the  salary  of 
the  county  superintendent  for  each  and  every  school  in  his  county 
which  the  county  superintendent  did  not  visit  up  to  one  hundred 
and  twenty-five  schools,  as  provided  in  section  one  hundred  and 
eighteen  of  this  chapter. 

Payment — Report. 

Sec.  120.  Such  compensation  shall  be  paid  quarterly  upon 
orders  drawn  by  the  county  superintendent  on  the  state  superin- 
tendent of  free  schools  who  shall  upon  receiving  the  same  issue  a 
requisition  upon  the  auditor  therefor,  payable  to  the  said  county 
superintendent,  or  to  such  person  as  he  may  direct.  But  the  pay- 
ment of  the  fourth  quarter  shall  not  be  made  until  the  county  su- 
perintendent has  made  the  report  to  the  state  superintendent  of 
free  schools  as  required  by  section  one  hundred  and  twenty-three 
of  this  chapter  and  for  every  day  after  the  first  day  of  Septem- 
ber before  the  receipt  of  the  reports  the  state  superintendent  shall 
deduct  three  dollars  from  the  salary  of  the  county  superintendent 
unless  said  reports  are  delayed  by  failure  to  receive  sheriff's  set- 
tlements or  reports  from  secretaries  of  boards  of  education.  The 
salary  of  the  county  superintendent  shall  be  paid  out  of  the  general 
school  fund,  and  the  amount  thereof  shall  be  deducted  by  the  au- 
ditor from  the  amount  next  to  be  distributed  to  each  county. 

Visit  Schools. 

Sec.  121.  The  county  superintendent  shall  visit  each  school 
within  his  county,  not  included  in  an  independent  district,  at  least 
once  in  each  school  year,  at  such  time  as  he  may  deem  necessary 
and  proper,  and  acquaint  himself  with  the  character  and  condition 
of  each  school,  noting  any  deficiencies  in  the  government  of  the 
school,  the  classification  of  the  pupils,  and  the  methods  of  instruc- 
tion, and  shall  make  such  suggestions  to  the  teacher,  either  orally 
or  in  writing,  in  private,  as  may  seem  necessary  or  advisable  for  the 
good  of  the  school,  and  the  progress  of  the  pupils,  and  for  carrying 
out  the  prescribed  courses  of  study. 

Examine  Buildings. 

Sec.  122.  He  shall  examine  the  buildings  and  equipment,  noting 
the  character  and  condition  thereof,  and  shall  make  such  sugges- 


56  School  Law  of  West  Virginia. 

tions,  relative  thereto,  to  the  trustees  and  the  board  of  education,  as 
may  seem  advisable.  He  shall  report  to  the  proper  board 
of  education  all  cases  of  incompetency  or  neglect  of  duty, 
and  to  the  state  superintendent  of  schools  all  cases  of  incompetency, 
profanity,  cruelty  or  immorality  on  the  part  of  teachers,  and  all 
failures  to  carry  out  the  prescribed  courses  of  study. 

Reports. 

Sec.  123.  The  county  superintendent  shall  receive  and  revise  the 
reports  made  to  him  by  the  secretaries  of  the  various  boards  of  ed- 
ucation, and  see  that  they  are  in  proper  form,  and  according  to 
law;  and  when  deficiencies  or  errors  are  found  to  exist  he  may  re- 
turn them  for  correction.  From  these  reports  and  such  other  au- 
thentic information  as  he  may  obtain  he  shall  make  a  report  to  the 
state  superintendent  of  free  schools  on  or  before  the  first  day  ot 
August  annually  or  as  soon  thereafter  as  possible,  setting  forth 
in  reference  to  each  district  of  his  county  for  the  year  ending  on 
the  preceding  thirtieth  day  of  June,  the  several  particulars  requir- 
ed in  the  blanks  furnished  by  the  state  superintendent. 

STATE   SUPERINTENDENT. 

Qiialifications. 

Sec.  124.  There  shall  be  elected  a  state  superintendent  of  free 
schools  for  the  state,  whose  term  of  office  shall  be  the  same  as  that 
of  the  governor.  He  shall  be  a  person  of  good  moral  character,  of 
temperate  habits,  of  literary  acquirements  and  skill  and  experience 
in  the  art  of  teaching.  He  shall  receive  annually  the  sum  of  three 
thousand  dollars  in  payment  for  his  services  to  be  paid  monthly 
out  of  the  general  school  fund  upon  the  warrant  of  the  auditor. 
If  in  the  performance  of  any  duty  imposed  upon  him  by  the  legis- 
lature, he  shall  incur  any  expense,  he  shall  be  reimbursed  therefor ; 
provided,  the  amount  does  not  exceed  five  hundred  dollars  in  any 
one  year. 

Residence  and  Seal. 

Sec.  125.  The  state  superintendent  shall  reside  and  keep  his 
office  at  the  seat  of  government.  He  shall  provide  a  seal  for  his 
office  and  copies  of  his  acts  and  decisions,  and  of  papers  kept  in  his 
office,  authenticated  by  his  signature  and  official  seal  shall  be  evi- 


School  Law  op  West  Virginia.  57 

idence  equally  with  the  original.  He  shall  sign  all  requisitions  on 
the  auditor  for  payment  of  money  out  of  the  state  treasury  for 
school  purposes,  except  as  hereinafter  provided. 

Duties. 

Sec.  126.  The  state  superintendent  shall  be  charged  with  the 
supervision  of  all  county  and  city  superintendents  of  free  schools  of 
the  state,  and  shall  see  that  the  school  system  is  carried  into  effect. 
He  shall  prescribe  and  cause  to  be  prepared  all  forms  and  blanks 
necessary  in  the  detail  of  the  system  so  as  to  secure  its  uniform  op- 
eration throughout  the  state,  and  shall  cause  the  same  to  be  for- 
warded to  the  several  county  superintendents,  to  be  distributed  to 
the  persons  entitled  to  them.  He  shall  cause  as  many  copies  of  this 
chapter  and  such  forms,  regulations  and  instructions  to  be  pub- 
lished from  time  to  time  as  he  may  deem  necessary,  and  shall  cause 
the  same  to  be  forwarded  to  the  county  superintendents,  to  be  dis- 
tributed to  the  persons  entitled  to  receive  them. 

Report. 

Sec.  127.  The  state  superintendent  shall  on  or  before  the  first 
day  of  January  preceding  the  session  of  the  legislature,  make  a  re- 
port to  the  governor,  to  be  by  him  transmitted  to  the  next  regular 
session  of  the  legislature,  in  regard  to  the  condition  of  free  schools 
within  the  state,  embracing  all  statistics  compiled  from  the  reports 
of  the  county  superintendents  and  such  other  authentic  information 
as  he  can  procure,  which  will  be  necessary  to  give  the  proper  exhibit 
of  the  working  of  the  system  together  with  such  plans  as  he  may 
have  matured  for  the  better  and  more  perfect  organization  and  effi- 
ciency of  the  free  schools,  and  all  such  other  matters  as  he  may 
deem  it  expedient  to  communicate. 

Interpretation  of  Law. 

Sec.  128.  At  the  request  in  writing  of  any  teacher,  school  officer 
or  county  officer  the  state  superintendent  shall  give  his  interpreta- 
tion of  the  meaning  of  any  part  of  the  school  law  and  such  interpre- 
tation shall  have  the  force  and  effect  of  law  until  overruled  by  a  cir- 
cuit court  or  the  supreme  court. 


bool  Law  of  West  Virginia. 
Books  for  School  Libraries. 

L29.  li  shall  be  the  duty  of  the  state  superintendent  to 
prepare  and  publish  a  list  of  books  suitable  for  school  libraries  with 
the  order  in  which  they  should  be  provided  and  to  recommend  the 
proper  editions  thereof. 

STATE  BOARD  OF  EDUCATION. 

Sec.  130.  There  is  hereby  constituted  a  state  board  of  education 
composed  of  the  state  superintendent  of  free  schools,  and  five  other 
persons  engaged  in  educational  work,  appointed  by  him,  one  from 
each  congressional  district  and  not  more  than  three  from  the  samp 
political  party.  The  said  board  shall  be  appointed  on  or  before 
the  tirst  day  of  June,  nineteen  hundred  and  eight,  one  member  for 
one  year,  one  for  two  years,  one  for  three  years,  one  for  four  years 
and  one  for  five  years,  and  thereafter  one  each  year  who  shall  serve 
for  a  period  of  five  years.  The  said  board  shall  as  soon  as  possible 
niter  their  term  begins,  meet  at  the  call  of  the  chairman  and  at  such 
times  thereafter  as  four  members  may  determine. 

Course  of  Study — Compensation. 

Sec.  131.  The  state  board  of  education  shall  perform  the  duties 
heretofore  performed  by  the  state  board  of  examiners  as  herein  pro- 
vided, and  in  addition  thereto,  they  shall  constitute  a  committee  on 
course  of  study  and  as  such  committee,  shall  prescribe  a  course  of 
study  for  the  public  schools  of  the  state,  including  the  district 
schools,  the  primary,  the  graded,  and  the  intermediate  and  the  high 
schools,  and  define  the  relations  that  each  shall  bear  to  the  others; 
they  shall  also  prescribe  and  publish  the  branches  in  which  appli- 
cants for  primary  teachers'  and  high  school  teachers'  certificates 
shall  be  examined.  And  at  the  request  of  the  state  superintendent 
they  may  assist  in  the  preparation  of  questions  for  the  several 
examinations  provided  for  by  law.  For  such  services  the  members 
of  this  body,  except  the  state  superintendent,  shall  receive  five  dol- 
lars per  day  and  their  actual  expenses,  payable  out  of  the  general 
school  fund  on  the  order  of  the  state  superintendent  of  free  schools : 
but  no  member  shall  receive  per  diem  for  more  than  twenty  days 
each  year  for  his  services  in  prescribing  the  courses  of  study  and  in 
preparing  questions  as  herein  provided. 


School  Law  of  West  Virginia.  59 

The  State  Professional  Certificate. 

Sec.  131  Yo.  The  board  thus  constituted  shall  hold  at  least  one 
examination  each  year  in  each  congressional  district  of  the  state  for 
the  purpose  of  granting  the  state  professional  certificates  herein 
provided  for,  and  for  this  purpose  any  three  of  said  members  shall 
constitute  a  quorum.  They  may  issue  two  classes  of  certificates  to 
such  as  are  found  to  possess  the  requisite  scholarship  and  who  ex- 
hibit satisfactory  evidence  of  good  moral  character  and  of  profes- 
sional experience  and  ability  as  follows :  First  class  certificates  for 
twelve  years;  second  class  for  six  years.  Any  person  holding  a 
certificate  of  the  first  class,  who  shall  have  taught  for  eight  years 
of  said  twelve  years  shall  be  entitled  without  examination,  to  have 
the  same  renewed  at  the  expiration  of  the  said  twelve  years  for  a 
period  of  twelve  years.  The  second  class  certificate  shall  be  issued 
to  applicants  of  satisfactory  attainments,  upon  examination  in  the 
branches  required  for  certificates  under  the  uniform  system,  and 
in  addition,  not  fewer  than  four  other  branches  to  be  determined 
by  the  board. 

Graduates. 

Sec.  132.  The  second  class  certificates  shall  also  be  issued  upon 
application,  without  examination,  to  the  graduates  of  the  West  Vir- 
ginia University,  of  the  State  Normal  School  of  West  Virginia  and 
its  branches,  and  of  other  schools  of  this  state  whose  grade  of  work 
is  equal  in  all  respects,  in  the  judgment  of  the  board  to  the  state 
normal  school  and  its  branches  and  whose  graduates  shall  have  pre- 
sented to  the  board  satisfactory  evidence  that  they  have  taught  suc- 
cessfully three  years  in  the  state  under  a  number  one  uniform 
certificate,  one  of  which  said  three  years  shall  immediately  precede 
the  application  for  such  certificate.  Teachers  who  shall  present  to 
the  board  satisfactory  evidence  that  they  have  taught  successfully 
four  years  under  a  second  class  certificate,  shall  be  entitled  to  re- 
ceive, without  examination,  a  first  class  certificate  at  the  expiration 
of  the  second  class. 

Recognition  of  Certificates  and  Diplomas  from  Other  States. 

Sec.  133.  The  state  board  of  education  may  also  issue  certificates 
to  teachers  coming  from  other  states,  when  such  teachers  hold  cer- 
tificates or  diplomas  of  equal  value  with  those  issued  under  this 


School  Law  of  West  Virginia. 

;  :  provided,  the  states  which  issued  such  certificates  likewise  rec- 
ognize  those  issued  in  this  state. 

The  board  shall  keep  a  record  of  its  proceedings,  showing  the 
number,  date  and  duration  of  each  certificate,  to  whom  granted  and 
for  what  branches  of  study,  and  shall  report  such  statistics  to  the 
state  Miju'rintendent  annually  on  or  before  the  thirtieth  day  of  Sep- 
tember. 

Certificates  Countersigned. 

Sec.  134.  All  certificates  issued  by  such  board  shall  be  counter- 
signed by  the  state  superintendent  of  free  schools;  and  such  state 
professional  certificates  shall  supersede  any  and  all  other  examina- 
tions of  the  persons  holding  them,  by  any  board  of  examiners,  and 
shall  be  equivalent  to  a  first  grade  certificate  granted  under  the  uni- 
form examination  system  and  shall  be  valid  in  any  school  district 
in  the  state,  unless  revoked  by  the  state  board  for  good  cause.  Each 
applicant  for  a  certificate  shall  pay  the  state  board  of  education  a 
fee  of  five  dollars.  And,  provided,  further,  that  all  state  certificates 
issued  prior  to  the  passage  of  this  act  shall  be  renewed  and  subject 
to  the  same  provisions  as  the  certificates  under  this  act. 

Compensation. 

Sec.  135.  The  state  board  of  education  shall  each  receive  a  com- 
pensation of  five  dollars  per  day  actually  and  necessarily  spent  in 
conducting  the  examinations,  and  for  one  day  to  be  spent  in  consul- 
tation and  in  preparing  for  their  duties  and  two  cents  per  mile  for 
each  mile  necessarily  traveled  in  going  to  and  returning  from  the 
place  of  examination.  This  compensation  shall  be  paid  out  of  the 
fees  received  from  the  teachers  examined,  and  shall  in  no  case  exceed 
the  amount  so  received. 

Report. 

Sec.  136.  Said  board  shall,  at  the  end  of  each  school  year,  make 
and  return  to  the  state  superintendent  of  free  schools,  a  detailed 
and  certified  account  of  the  names  of  all  the  applicants  for  examina- 
tion, the  amount  of  fees  received,  the  amount  paid  out  to  the  mem- 
bers of  the  board,  and  the  balance,  if  any,  shall  be  paid  over  to  the 
treasurer  of  the  state,  to  be  placed  to  the  credit  of  the  distributable 

iooI  fund. 


School  Law  of  "West  Virginia.  61 

SHERIFF. 

Bond. 

Sec.  137.  The  sheriff  of  the  county  shall  receive,  collect  and  dis- 
burse all  school  money  for  the  county  and  the  several  districts  and 
independent  districts  therein.  But  before  receiving  or  collecting 
any  such  school  money  he  shall  give  in  addition  to  his  bond  as  col- 
lector of  the  state  and  county  taxes,  a  bond  with  approved  security 
in  a  penalty  double  the  amount  of  school  money  which  will  prob- 
ably come  into  his  hands  for  school  purposes  during  any  one  year 
of  his  term  of  office. 

Pay  Orders. 

Sec.  138.  He  shall  keep  accounts  with  the  boards  of  education 
of  the  various  districts  and  independent  districts  of  the  money  be- 
longing to  the  teachers'  fund,  the  building  fund,  or  such  other  fund 
as  there  may  be  and  shall  credit  every  receipt  and  charge  every  dis- 
bursement to  the  fund  to  which  it  belongs.  He  shall  pay  out  no 
money  except  upon  orders  signed  by  the  president  and  secretary  or 
by  the  president  and  one  other  member  as  prescribed  in  section 
ninety-nine  of  the  respective  boards  specifying  the  amount  to  be 
paid  and  the  fund  to  which  it  is  to  be  charged,  or  upon  an  order 
of  the  county  superintendent  as  provided  in  section  thirty-three 
and  section  fifty-two  of  this  chapter. 

Annual  Settlement  with  the  Board  of  Education. 

Sec.  139.  He  shall  on  or  immediately  before  the  first  day  of  July 
in  each  year  settle  with  the  board  of  education  of  each  district  and 
independent  district,  at  which  settlement  at  least  a  quorum  of  the 
board  shall  be  present.  In  this  settlement  he  shall  be  charged 
with  the  amount  of  taxes  and  of  general  school  fund  apportioned  to 
the  district  or  independent  district  by  the  county  superintend- 
ent and  the  amount  of  taxes  levied  by  the  board  of  education  upon 
the  property  of  the  district  or  independent  district  for  the  teachers' 
fund,  and  for  the  building  fund  and  for  any  other  money  received 
by  him  during  the  current  year  on  account  of  the  free  schools  of 
such  district  or  independent  district ;  and  he  shall  be  credited  with 
the  amount  of  delinquent  school  tax  in  such  district  or  independent 
district  that,  has  been  duly  certified  by  the  clerk  of  the  county 
court  to  such  board  of  education. 


62  Sciiool  Law  of  "West  Virginia. 

Payments  in  Excess. 

Sec.  14c  He  shall  be  credited  in  such  settlements  with  all  or- 
ders  paid  and  produced  by  him,  if  found  to  be  correct  by  the  board 
of  education,  and  he  shall  receive  no  other  credits  except  his  com- 
mission as  hereinafter  provided.  If  any  sheriff  shall  pay  out  in 
any  one  year  more  money  on  account  of  the  teachers'  fund  or  of  the 
building  fund  than  shall  have  been  levied  and  could  have  been  col- 
lected by  him  during  said  year  together  with  the  amount  remain- 
ing in  his  hands  from  any  preceding  year  he  shall  in  such  settlement 
receive  no  credits  for  such  excess. 

Method  of  Settlement. 

Sec.  141.     In  making  said  settlement  it  shall  be  the  duty  of  the 
sheriff  to  prepare  and  present  to  the  said  board  of  education  in 
duplicate  separate  lists  of  all  the  credits  claimed  by  him  against 
each  of  the  several  school  funds  collected  by  him  showing  the 
amount,  date  and  number  of  each  voucher  or  order,  and  to  whom 
payable,  together  with  the  statement  of  the  proper  debits  to  the 
several  funds  to  which  he  is  chargeable;  which  lists  and  statements 
together  with  the  vouchers  claimed  as  credits  by  the  sheriff  shall 
be  endorsed  by  the  secretary  of  the  board  on  the  back  of  each  with 
the  words,  ' '  Settled  by  board  of  education, ' '  under  which  the  sec- 
retary shall  sign  his  name  and  enter  the  date  of  the  settlement ;  and 
said  statements  and  lists  as  corrected  shall  be  signed  by  said  sheriff 
and  by  the  president  and  secretary  of  the  said  board  of  education 
in  duplicate,  one  copy  to  be  retained  by  said  board  and  the  other, 
together  with  the  vouchers  and  orders  shall  be  turned  over  to  the 
sheriff  who  shall  as  soon  as  may  be  deliver  them  to  the  clerk  of 
the  county  court,  and  the  same  shall  serve  as  a  basis  for  the  set- 
tlement required  by  section  seven  of  article  twelve  of  the  constitu- 
tion, and  section  one  hundred  and  forty-two  of  this  chapter. 

Settlement  with  County  Court. 

.  142.  In  addition  to  the  settlements  required  by  the  sheriff 
ach  board  of  education,  every  sheriff  shall  also  make  annual 
settlements  by  districts  with  the  county  court  of  his  county  at  the 
next  term  after  the  first  day  of  July  in  each  year,  showing  an  item- 
ized statement  of  all  money  disbursed  for  the  preceding  year  on 
account  of  the  teachers'  and  building  funds  in  his  hands,  showing 


School  Law  of  West  Virginia.  63 

the  amount,  date  and  number  of  each  credit  voucher  and  to  whom 
payable,  and  the  balance  due  each  district  and  independent  dis 
trict  on  each  of  said  funds;  which  settlement  shall  be  made  a 
matter  of  record  by  the  clerk  of  said  court  in  a  book  kept  for  that 

purpose. 

Corrections  in  Settlement. 

Sec.  143.  But  the  settlements  made  by  the  sheriff  with  the 
several  school  districts  of  the  county  as  provided  in  section  one 
hundred  and  thirty-nine,  when  found  correct  and  properly  signed 
and  turned  over  to  the  clerk  of  said  court  as  required  by  section 
one  hundred  and  forty-one,  may  be  taken  and  treated  as  the  settle- 
ments required  to  be  made  and  recorded  by  section  one  hundred 
and  forty-two:  provided,  hoivever,  that  the  prosecuting  attorney 
or  any  taxpayer  of  the  county  may  appear  before  said  court  for 
the  purpose  of  making  corrections  in  said  report,  and  said  court 
may  hear  said  objections,  after  reasonable  notice  to  the  sheriff  and 
board  of  education  and  make  such  corrections  as  may  be  proper, 
and  when  corrected  said  settlements  shall  be  recorded;  and  said 
settlement  and  vouchers  turned  over  to  the  clerk  of  said  court 
shall  be  filed  by  said  clerk  by  districts. 

Commissions. 

Sec.  144.  The  sheriff  shall  receive  such  commissions  as  are  now 
or  may  hereafter  be  provided  for  by  law. 

Failure  to  Account  for  or  to  Pay  Orders. 

See.  145.  If  he  shall  fail  to  account  for  and  pay  over  as  required 
by  law  any  money  which  may  come  into  his  hands  or  for  which  he 
is  liable,  judgment  may  be  rendered  therefor  against  him  and  his 
sureties  with  interest  and  ten  per  cent,  damages;  and  upon  the 
failure  of  such  sheriff  to  pay  any  proper  order  issued  by  the  said 
board  of  education  the  person  entitled  to  receive  the  sum  of  money 
specified  in  such  order  may  require  the  sheriff  to  endorse  thereon 
or  write  across  the  face  thereof  the  words  ' '  presented  for  payment ' ' 
with  the  proper  date  and  sign  the  same,  and  judgment  upon  motion 
after  at  least  ten  days'  notice,  may  be  obtained  against  the  sherifif 
before  any  justice  of  his  county  or  before  the  circuit  court  thereof, 
with  interest  from  the  time  said  order  was  presented  acd  ten  per 
cent,  damages.    But  a  sheriff  shall  not  be  required  to  endorse  any 


School  Law  op  West  Virginia. 

io]  order  nor  shall  suit  be  brought  on  any  such  school  order 
prior  to  the  first  day  of  November  of  the  current  school  year. 

Failure  to  Settle. 

.  14f>.  If  any  sheriff  fail  to  make  the  settlement  required  by 
ion  one  hundred  and  forty-two  at  the  time  required,  without 
ui.dile  cause  therefor,  he  shall  forfeit  fifty  dollars  to  the 
teachers'  fund,  and  a  like  amount  for  each  subsequent  term  of 
court  that  shall  pass  without  such  settlement.  And  the  sheriff 
shall  moreover  be  charged  in  said  settlement  with  twelve  per  cent, 
interest  on  all  school  money  in  his  hands  for  the  time  he  is  in 
default  in  making  the  said  settlement. 

Action  Against. 

Sec.  147.  If  the  sheriff  fail  to  make  the  said  settlement  at  the 
time  required  it  shall  be  the  duty  of  the  prosecuting  attorney  to 
proceed  by  action  against  him  and  his  sureties  in  the  circuit  court 
to  recover  the  fine  imposed  upon  him  by  section  one  hundred  and 
forty-six. 

Failure  of  Board  of  Education  to  Settle. 

Sec.  148.  If  any  board  of  education  fail  to  make  the  settlement 
required  by  section  one  hundred  and  thirty-nine  of  this  chapter, 
with  the  sheriff,  when  requested  by  him  to  do  so,  each  member  of 
such  board  so  failing  or  refusing  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  be  fined  twenty  dollars  for  the  benefit 
of  the  building  fund  of  the  district. 

Turn  Over  Balance. 

See.  149.  And  the  retiring  sheriff  shall  within  sixty  days  after 
he  shall  have  made  his  final  settlement  in  the  manner  herein  pro- 
vided, pay  and  turn  over  to  his  successors  in  office  such  balance 
as  may  be  shown  due  from  him  by  said  settlement,  upon  proper 
orders  of  the  various  boards  of  education. 

Mandamus. 

c.   150.     If  any  order  of  the  board  of  education  upon  the 


School  Law  of  West  Virginia.  65 

sheriff  of  the  county  or  judgment  or  decree  for  a  sum  of  money 
against  the  said  board  be  presented  to  such  sheriff  without  ob- 
taining payment,  payment  thereof  may  be  enforced  by  the  circuit 
court  by  mandamus  or  an  order  for  specific  levy  on  the  property 
taxable  in  the  district. 

Auditor. 

Sec.  151.  The  auditor  shall  annually  before  the  first  day  of 
September,  deliver  to  the  governor  and  the  state  superintendent 
of  free  schools  each  a  report  made  up  to  the  first  day  of  July  next 
preceding,  of  the  condition  of  "the  school  fund,"  with  an  abstract 
of  the  accounts  thereof  in  his  office,  which  report  the  governor 
shall  lay  before  the  legislature  at  its  regular  session. 

The  School  Fund — Board  of. 

Sec.  152.  All  such  sums  as  have  accrued  to  this  state  from  the 
several  sources  enumerated  in  the  fourth  section  of  the  twelfth 
article  of  the  constitution,  not  in  excess  of  one  million  dollars, 
shall  be  set  apart  as  a  separate  fund  to  be  called  "the  school  fund" 
and  the  governor,  state  superintendent  of  free  schools,  auditor  and 
treasurer  shall  be  a  corporation  under  the  name  of  "The  board  of 
the  school  fund,"  and  shall  have  the  management,  control  and 
investment  of  said  fund,  as  provided  by  the  fourth  section  of  the 
twelfth  article  of  the  constitution.  The  governor  shall  be  president 
of  the  board,  and  in  his  absence  the  board  shall  choose  one  of  their 
number  to  preside  temporarily  in  his  place.  The  auditor  shall 
be  the  secretary  of  the  board  and  all  meetings  of  the  board  shaH 
be  held  in  his  office.  A  record  shall  be  kept  of  all  the  proceedings 
and  be  signed  by  the  president  and  secretary,  and  a  copy  thereof, 
certified  by  the  secretary  of  the  board  shall  be  evidence  in  all 
cases  in  which  the  original  would  be.  A  majority  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  business. 

Meeting  of  Board. 

Sec.  153.  A  meeting  of  the  board  of  the  school  fund  may  be 
held  at  any  time  upon  the  call  of  any  member  thereof:  provided, 
notice  be  given  to  all  members  who  may  be  at  the  seat  of  govern- 
ment. 


School  Law  op  West  Virginia. 
Collection. 

All  the  money  due  and  payable  into  the  treasury  to 

the  credil         "the  school  fund"  shall  be  recovered  with  interest 

action  or  motion  in  the  name  of  said  board,  before  any  court 

having  jurisdiction,  and  the  attorney  general  shall  institute  and 

ate  such  action  or  motion  when  so  directed  by  the  board. 

Agents  to  Collect. 

The  board  may  appoint  agents  for  the  collection  of 
debts  or  claims,  and  authorize  them  to  secure  payment  thereof,  and 
to  protect  the  interest  of  the  school  fund,  on  such  terms  as  it  may 
approve.  They  shall  take  bond  from  said  agents,  if  any  money  is 
to  conic  into  their  hands;  and  any  agent  selling  lands,  when  direct- 
ed to  do  so  by  the  board,  shall  execute  a  deed  with  the  resolution 
giving  such  directions  thereto  annexed,  conveying  to  the  purchaser 
by  special  warranty.  Said  agent  may  be  allowed  by  the  board  a 
mpensation  not  exceeding  in  any  case  five  per  cent,  on  the  money 
paid  into  the  treasury. 

No  School  Teacher  or  Officer  to  Act  as  Agent— Penalty. 

See.  156.  No  school  officer  or  teacher  of  any  free  school  shall 
as  agent  for  any  author,  publisher,  bookseller,  or  other  person 
to  introduce  or  recommend  the  use  of  any  book,  apparatus,  furni- 
ture, or  other  articles  whatever,  in  any  free  school  of  this  state, 
or  directly  or  indirectly  contract  for  or  receive  any  gifts  or  reward 
for  so  introducing  or  recommending  the  same,  nor  shall  any  such 
school  officer  or  teacher  be  otherwise  interested  in  the  sale,  pro- 
ceeds or  profits  of  any  book  or  other  things  used,  or  to  be  used  in 
said  schools:  provided;  that  nothing  herein  shall  be  construed  to 
apply  to  any  book  written,  or  thing  invented  by  such  person. 

Misdemeanor. 

Any  person  violating  the  provisions  of  section  one 
ndred  and  fifty-six  shall  be  guilty  of  a  misdemeanor,  and  upon 
Qviction  thereof  be  fined  not  less  than  fifty  nor  more  than  on« 
hundred  dollars. 


School  Law  of  West  Virginia.  67 

No  School  Officer  to  be  Interested  in  Contract. 

Sec.  158.  No  county  superintendent,  member  of  a  board  of 
education,  or  trustee  of  any  sub-district,  shall  directly  or  indirectly 
be  or  become  personally  interested  in  any  contract  for  building 
or  repairing  school  houses  in  his  district,  or  be  or  become  directly 
or  indirectly,  pecuniarily  interested  in  the  proceeds  of  any  con- 
tract in  the  award  or  letting  of  which,  he  may  have  any  voice 
or  control;  any  county  superintendent,  member  of  such  board,  or 
any  trustee,  violating  this  section,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  not  less  than  fifty  and 
not  more  than  one  hundred  dollars. 

Penalty  not  Otherwise  Provided. 

Sec.  159.  If  any  officer  or  teacher,  fail  to  perform  any  duty 
required  of  him  by  this  chapter  or  violate  any  provision  thereof 
and  there  is  no  other  fine  or  punishment  imposed  therefor,  by  law, 
he  shall  be  fined  not  less  than  three,  nor  more  than  ten  dollars, 
for  every  such  offence,  to  be  recovered  before  a  justice  of  the  peace 
of  the  county ;  and  such  fine  shall  not  impair  or  effect  his  liability 
for  damages  to  any  person  injured,  nor  the  liability  of  himself 
and  his  sureties  on  his  official  bond.  If  the  board  of  education  of 
any  district  or  independent  school  district,  fail  to  perform  any 
duty  required,  each  member  of  such  board  shall  be  liable  to  the 
full  penalty  imposed  by  this  section,  unless  he  show  that  he  was 
not  guilty  of  any  neglect  or  default  in  the  premises. 

Special  Elections. 

Sec.  160.  "Whenever  any  special  election  is  to  be  held  under  the 
provisions  of  this  chapter,  the  time,  place  and  manner  of  holding 
and  conducting  the  same,  and  the  manner  of  certifying  the  result 
thereof  shall  be  first  fixed  and  determined  by  the  board  ordering 
the  same  to  be  held,  and  shall  conform  as  nearly  as  practicable 
under  all  the  circumstances  to  the  law  now  in  force  as  to  general 
elections. 

Definitions. 

Sec.  161.  The  words  used  in  this  chapter  and  in  any  proceedings 
pursuant  thereto,  shall,  unless  the  context  clearly  indicates  a  differ- 
ent meaning,  be  construed  as  follows:     (1)    "School"  shall  mean 


School  Law  of  West  Virginia. 

pupils  and  teacher  or  teachers  assembled  in  one  room.  (2) 
••  Primary  school"  shall  mean  a  school  graded  according  to  the 
scheme  formulated  by  the  common  course  of  study  and  devoted 
exclusn  instruction  in  a  part  or  all  of  the  work  prescribed 

for  the  primary  grades.  (3)  "Grammar"  or  "Intermediate 
school"  shall  mean  a  school  graded  according  to  the  scheme  formu- 
lated by  the  committee  on  course  of  study  and  devoted  exclusively 
to  instruction  in  a  part  or  ail  of  the  work  prescribed  for  the  gram- 
mar grades.  (4)  "High  school"  shall  mean  a  school  or  schools 
-railed  according  to  the  scheme  formulated  by  the  committee  on 
course  of  study  and  devoted  exclusively  to  instruction  in  all  of  the 
work  prescribed  for  the  high  school  grades.  (5)  "Graded  school" 
shall  mean  a  school  of  two  or  more  rooms,  graded  according  to  the 
scheme  formulated  by  the  committee  on  course  of  study  in  which 
a  part  of  the  work  is  done  in  one  room  and  more  advanced  work  in 
the  next  room,  there  being  a  regular  gradation  in  the  work  from 
one  room  through  all  the  rooms  from  the  lowest  or  most  elementary 
to  the  highest.  (6)  "Holiday"  shall  mean  the  first  day  of  Janu- 
ary, the  twenty-second  day  of  February,  the  thirtieth  day  of  May, 

fourth  day  of  July,  the  first  Monday  in  September,  the  twenty- 
fifth  day  of  December,  a  day  on  which  an  election  is  held  through- 
out the  state,  and  a  day  appointed  by  the  governor  of  the  state  for 
a  public  fast  or  thanksgiving.  (7)  "Apparatus"  shall  mean  maps, 
charts,  globes,  arithmetical  blocks,  rules,  pointers,  dictionaries  and 
atlases.     (8)   "District"  shall  not  mean  independent  district. 

Flags  Displayed. 

!.  162.  The  hoard  of  education  may  out  of  the  building  fund 
purchase  United  States  flags  four  by  six  feet,  of  regulation  bunt- 
ing, U>v  school  houses  in  their  district,  and  require  the  same  to  be 
displayed  over  such  school  houses  during  the  time  the  school  is 
in  session. 

District  Supervision. 

163.    The  board  of  education  of  any  district  may,  and  upon 

application  in  writing  of  a  majority  of  the  taxpayers  of  the 

ill    provide   for  district  supervision  of  all  the   county, 

llage  and   town  schools  in  the  district  and  establish  rules  and 

as  necessary  thereto.     To  this  end  they  shall,  if  so  re- 

:.  employ  a  competent  teacher,  holding  a  first  grade  certifi- 

hall  devote  his  time  during  the  school  term  to  the  thor- 


School  Law  of  West  Virginia.  69 

ough,  careful  and  profitable  supervision  of  such  schools  and  as 
such  district  superintendent  shall  have  and  exercise  all  the  powers, 
duties,  and  privileges  usually  conferred  upon  city  superintendents. 
But  nothing  contained  herein  shall  prevent  such  boards  of  educa- 
tion from  employing  and  authorizing  the  principal  of  any  graded 
school  in  the  district  to  perform  the  duties  of  a  district  superin- 
tendent in  addition  to  his  duties  as  such  principal:  provided  that 
he  shall  devote  at  least  half  of  the  time  to  such  superintendence. 

The  district  superintendent  shall  receive  such  salary  as  the 
board  of  education  may  determine,  to  be  paid  out  of  the  teachers' 
fund  of  the  district  as  provided  in  the  case  of  teachers. 

District  superintendents  shall  make  such  reports  as  may  be 
required  by  the  state  superintendent  of  free  schools. 

Board  may  Take  Charge. 

Sec.  164.  The  board  of  education  may  take  charge  of  schools  so 
supervised  and  appoint  the  teachers  therefor  and  may  provide 
that  all  the  schools  in  the  district  shall  begin  on  the  same  date. 

Text  Books. 

Sec.  165.  All  the  provisions  of  law  now  in  force  and  effect 
for  the  adoption  of  text-books  shall  continue  operative  until 
changed  by  law. 

THE  WEST  VIRGINIA  UNIVERSITY. 

Location. 

* 

Sec.  166.  The  West  Virginia  University  shall  hereafter  remain 
where  now  located  and  shall  continue  to  be  known  as  the  West 
Virginia  University. 

Regents. 

Sec.  167.  The  government  and  control  of  the  said  university 
shall  continue,  as  now,  to  be  vested  in  a  board  of  regents,  con- 
sisting of  nine  persons  to  be  called  "The  regents  of  the  West 
Virginia  University,"  not  more  than  six  of  whom  may  belong  to 
the  same  political  party.  The  regents  now  in  office  shall  serve 
for  the  term  for  which  they  were  appointed,  and  on  or  before  the 
fifteenth  day  of  March,  nineteen  hundred  and  nine,  or  as  soon 


70  School  Law  of  West  Virginia. 

thereaft  convenient,  the  governor  shall  appoint  five  of  said 

nts  whose  term  shall  begin  on  the  first  day  of  May  following: 

and  likewise,  on  or  before  the  fifteenth  day  of  March,  nineteen 

hundred   and   eleven,  he  shall  appoint  four  regents  whose  term 

shall  begin  on  the  first  of  May  following.     The  two  classes  of 

nts  thus  appointed  shall  serve  for  four  years  and  until  their 

•  •ssors  are  appointed  and  qualified,  and  thereafter  the  term 

shall  be  t*«»r  a  like  period  of  four  years.     A  vacancy  occurring  in 

the  hoard  shall  be  filled  by  appointment  by  the  governor  for  the 

unexpired  term. 

A  law  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of  Regents  consisting  of  five  members  to  have  charge  of  all  state  institu- 
tions.     See   Appendix   A. 

Corporation — Title  to  Property. 

Sec.  168.  The  regents  shall  be  a  corporation  by  the  name  of 
"The  Regents  of  the  West  Virginia  University,"  and  as  such 
may  sue  and  be  sued,  plead  and  be  impleaded,  contract  and  be 
contracted  with,  and  shall  succeed  and  be  substituted  to  all  the 
rights  heretofore  held  by  the  regents  of  the  West  Virginia  Univer- 
sity, and  be  vested  with  the  title  to  all  the  real  estate  now  owned 
by  the  said  institution,  and  shall  receive,  hold,  and  dispose  of, 
according  to  law  and  the  intent  of  the  instrument  conveying  title, 
any  gift,  grant,  devise,  or  bequest,  made  for  the  use  of  the  said 
institution. 

Quorum. 

*Sec.  169.  A  majority  of  said  regents  shall  constitute  a  quorum, 
but  no  contract  for  the  construction  or  the  permanent  alteration 
of  buildings  shall  be  made,  no  professors,  instructors,  or  officers 
employed  or  removed  from  office  or  their  salaries  changed,  and  no 
rule  or  regulation  adopted  by  a  majority  of  the  regents  shall  be 
amended  or  repealed,  except  by  the  affirmative  vote  of  at  least  a 
majority  of  said  regents. 

Rules  and  Regulations. 

*Sec.  170.    The  regents  shall  adopt  rules  and  regulations  for  the 
■nization  and  government  of  the  university  and  elect  a  presi- 
dent and  the  requisite  number  of  professors,  instructors,  officers 
and  employees  and  fix  the  salary  and  term  of  office  of  each. 

*See  App<  ndix  A. 


School  Law  of  West  Virginia.  71 

Officers. 

*Sec.  171.  They  shall  appoint  a  superintendent  of  buildings  and 
grounds  for  the  university  and  a  secretary  and  treasurer  for  the 
said  regents,  taking  from  the  said  treasurer  a  bond  with  ample 
security  in  double  the  amount  of  money  that  will  probably  come 
into  his  hands  at  any  time. 

Departments. 

*Sec.  172.  The  regents  shall  establish  and  maintain  in  the  univer- 
sity, in  addition  to  the  preparatory  department,  such  colleges, 
schools,  departments,  divisions,  chairs,  and  courses  of  study  as 
may  be  expedient  and  possible,  and  shall  prescribe  the  conditions 
for  graduation  therein  and  confer  the  proper  degrees,  and  the 
diploma  issued  upon  graduation  to  any  student  who  has  taken 
at  least  six  courses  in  the  department  of  education  in  said  institu- 
tion shall  be  equivalent  in  all  respects  to  and  shall  entitle  the 
holder  thereof^upon  application  in  due  form  to  the  state  superin- 
tendent to  a  first  grade  certificate  in  duplicate. 

Cadets. 

Sec.  173.  Besides  prescribing  the  general  terms  upon  which 
students  may  be  admitted  to  the  university,  the  regents  may  admit, 
as  regular  students  therein,  not  more  than  two  hundred  and  twenty- 
five  cadets  in  the  military  department.  Each  member  of  the 
senate  shall  be  entitled  to  appoint  one  cadet  from  his  district,  on 
or  before  the  first  day  of  June  in  the  second  year  of  his  term, 
and  one  cadet  on  or  before  the  -first  day  of  June  in  the  fourth 
year  of  his  term.  Each  member  of  the  house  of  delegates  shall 
be  entitled  to  appoint  one  cadet  from  his  county  on  or  before  the 
first  day  of  June  next  preceding  the  end  of  his  term.  In  case 
a  cadetship  filled  by  appointment  by  any  member  of  the  legislature 
shall  become  vacant,  the  member  making  the  appointment,  or  his 
successor,  shall  fill  the  same  by  a  neAv  appointment  within  the  limits 
of  time  aforesaid.  But  no  senator  or  delegate  shall  appoint  any 
cadet  until  he  receives  a  certificate  from  the  president  of  the  uni- 
versity, or  the  commandant  of  cadets,  giving  him  notice  of  his 
right  to  do  so ;  and  ho  shall  not  have  the  right  to  exercise  such 
power  of  appointment  so  long  as  two  cadets  are  accredited   to 


*See  Appondix  A. 


72  School  Law  of  West  Virginia. 

him  and  his  predi  cessor,  either  by  original  appointment  or  by  re- 

enlistment.     All  other  cadets  necessary  to  make  up  the  full  com- 

plemenl  of  the  corps,  shall  be  appointed  by  the  regents,  including 

3,   if  any,  caused   by   the    failure  of  any  member  of  the 

legislature  to  make  his  appointment.     Cadets  shall  not  be  under 

'i  years  of  age  and  shall  not  be  over  twenty-two  years  of  age. 

Their   appointment  shall   be   made   upon   undoubted  evidence   of 

d  moral  character  and  sound  physical  condition.     Their  term 

of  si  rvice  shall  be  two  years,  but  any  cadet,  at  the  expiration  of 

his  term  shall  he  entitled  to  re-enlist  for  the  further  term  of  two 

years,  upon  giving  notice  of  his  intention  to  the  commandant  of 

dets  at  least  thirty  days  before  the  expiration  of  such  term. 

But   not  more   than  fifteen  cadets  shall  be  appointed  from  any 

senatorial  district,  and  not  more  than  eight  from  one  county. 

Free  Tuition. 

Sec.  174.  The  cadets  admitted  under  the  provisions  of  the  pre- 
ceding section  shall  be  entitled  to  all  the  privileges,  immunities, 
educational  advantages  and  benefits  of  the  university,  free  of 
charge  for  admission,  tuition,  books  and  stationery,  and  shall  con- 
stitute the  public  guard  of  the  university,  and  of  the  public 
property  belonging  thereto,  and  of  the  ordnance  and  ordnance 
stores,  and  camps  and  garrison  equipage,  of  which  a  sufficient 
supply  shall  be  kept  in  the  arsenal  belonging  to  the  institution, 
and  shall  be  individually  and  collectively  responsible  for  the 
preservation  and  safe-keeping  of  all  arms  and  camp  equipage  be- 
longing to  said  institution. 

Endowment. 


*Sec.  175.     The  regents  shall  invest  the  funds  derived  from  the 
of    United    States  land   warrants,   donated  to   the   state   for 
endowing  an  agricultural  college,   in  such  securities  as  may  be 
prescribed  by  act  of  congress. 

State  Treasurer  to  Receive  Grant. 

*Sec.  176.  For  the  use  and.  purposes  of  the  West  Virginia  Uni- 
ty there  is  hereby  set  apart  the  sum  of  twenty  thousand  dol- 
out  of  the  annual  appropriation  made  by  the  act  of  congress, 


School  Law  of  West  Virginia.  73 

approved  August  thirtieth,  eighteen  hundred  and  ninety,  and  the 
treasurer  of  this  state  is  hereby  designated  as  the  proper  officer 
to  receive  from  the  secretary  of  the  treasury  of  the  United  States 
the  said  sum  of  money  to  be  paid  this  state  under  said  act  of  congress. 
He  shall  keep  an  exact  account  of  the  money  so  received  and  shall 
place  it  to  the  credit  of  the  West  Virginia  University  to  be  paid 
on  the  order  of  the  board  of  regents.  And  said  treasurer  shall 
include  in  his  biennial  report  to  the  governor  the  statement  of  his 
receipts  and  disbursements  under  this  provision. 

STATE  NORMAL  SCHOOL. 

Marshall  College. 

Sec.  177.  The  "West  Virginia  State  Normal  School,"  estab- 
lished under  and  by  virtue  of  an  act  passed  February  twenty- 
seventh,  one  thousand,  eight  hundred  and  sixty-seven,  entitled  "An 
act  for  the  establishment  of  a  state  normal  school,"  shall  be  and 
remain  at  Marshall  College,  in  the  county  of  Cabell,  as  provided 
in  said  act,  and  all  the  provisions  of  said  act,  and  all  other  acts 
in  relation  thereto,  shall  be  and  remain  in  full  force,  except  so 
far  as  the  same  may  be  altered  by  this  chapter. 

Regents. 

*Sec.  178.  For  the  government  and  control  of  said  school  and  its 
branches,  there  shall  be  a  board  of  regents,  consisting  of  the  state 
superintendent  of  free  schools,  together  with  six  other  persons,  to 
be  appointed,  by  the  governor,  as  hereinafter  provided,  who  shall 
be  called  the  "Regents  of  the  State  Normal  School,"  and  as  such 
may  have  a  common  seal,  sue  and  be  sued,  plead  and  be  impleaded, 
contract  and  be  contracted  with,  and  take,  hold  and  possess  real 
and  personal  estate  for  the  use  of  said  school.  The  transfer  and 
conveyance  by  the  board  of  supervisors  of  Cabell  county,  of  lands 
and  building  of  Marshall  College  and  of  the  real  estate  heretofore 
conveyed  by  the  Central  Land  Company  of  West  Virginia  to  the 
regents  of  said  school  heretofore  appointed,  is  hereby  accepted, 
confirmed  and  legalized.  But  in  case  the  said  school  should  at 
any  time  hereafter  be  removed  from  the  said  Marshall  College, 
the  said  property  so  conveyed  shall  revert  to  and  be  vested  in 
the  county  court  for  the  use  of  the  said  county  of  Cabell. 

The  regents  now  in  office  shall  serve  for  the  term  for  which  thev 


'See  Appendix  A. 


7 1  School  Law  of  West  Virginia. 

inted  and  between  the  fifteenth  day  of  March  and  the 

b  day  of  April,  nineteen  hundred  and  nine,  the  governor 

shall  appoint  three  regents  whose  term  shall  begin  on  the  first  day 

Mowing;  likewise,  there  shall  be  appointed  between  the 

enth  day  of  March  and  the  fifteenth  day  of  April,  nineteen 

hundred  and  eleven,  three  regents  whose  term  shall  begin  on  the 

first  day  of  June  following.     Not  more  than  two  regents  of  each 

aid  two  classes  shall  belong  to  the  same  political  party  and  all 

the  regents  so  appointed  shall  serve  for  four  years  and  until  their 

ssors  are  appointed  and  qualified.     A  vacancy  occurring  in 

the  board  shall  be  filled  by  appointment  by  the  governor  for  the 

unexpired  term. 

A  law  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
:o   Board   of   Regents   consisting   of  five   members   to   have   charge  of   all   of  the   state 
/institutions.      See  Appendix  A. 

Government  Control  —  Diploma. 

Sec.  179.  The  said  school  shall  be  under  the  general  supervision 
and  control  of  the  said  regents.  They  shall  have  full  power  and 
authority  to  adopt  and  establish  such  by-laws,  rules  and  regulations 
for  its  government  as  they  may  deem  necessary  and  proper,  to 
effect  the  object  of  its  establishment,  not  inconsistent  with  the 
laws  of  this  state.  They  shall  fix  the  number  and  compensation 
of  the  teachers,  and  others  to  be  employed  therein,  and  appoint 
and  remove  the  same;  prescribe  the  preliminary  examination  of 
pupils,  and  the  terms  and  conditions  on  which  they  shall  be  re- 
ceived and  instructed  in  said  school:  provided,  that  all  pupils 
admitted  free  of  tuition  to  any  one  school,  shall  not  exceed  in  num- 
ber the  whole  number  apportioned  to  such  county  for  admission 
to  all  normal  schools  of  this  state ;  the  branches  of  learning  to  be 
taught  in  each  department  thereof,  and  shall  determine  the  num- 
ber of  pupils  to  be  received  in  the  normal  department  of  said 
school  from  each  county  or  judicial  circuit  of  this  state,  conform- 
ing' as  nearly  as  possible  to  the  ratio  of  population  therein,  and 
the  mode  of  selecting  them.  The  pupils  admitted  into  the  normal 
department  of  said  school  shall  be  admitted  to  all  the  privileges 
thereof,  free  from  all  charges  of  tuition,  or  for  use  of  books  or 
apparatus;  that  every  such  pupil  shall  pay  for  all  books  lost  by 
him  or  damage  done  by  him  to  such  books  or  apparatus;  and  any 
in  said  school  may  be  dismissed  therefrom  by  said  regents 
or  by  the  executive  committee,  subject  to  the  approval  of  the 
Qts,    for   immoral   or   disorderly   conduct,    or   for   neglect   or 


School  Law  of  West  Virginia.  75 

inability  to  perform  his  duty.  The  state  superintendent  of  free 
schools  shall  prepare  suitable  diplomas  to  be  granted  to  the  stu- 
dents of  the  normal  department  of  said  school  who  have  com- 
pleted the  course  of  study  and  discipline  prescribed  by  said  regents, 
which  diploma  hereafter  issued  shall  be  equivalent  in  all  respects 
to  a  first  grade  certificate  for  a  period  of  five  years.  The  said 
regents  may  establish  a  pay  department  in  said  school  whenever 
the  accommodations  thereof  will  admit  of  the  same,  and  may  admit 
into  such  department  so  many  paying  students  as  can  be  accommo- 
dated therein  from  this  or  any  other  state,  whether  they  desire  to 
become  teachers  of  schools  or  not. 

They  may  cause  to  be  taught  in  the  said  department  of  said 
school,  all  or  any  of  the  branches  of  learning  usually  taught  in 
colleges  and  seminaries,  and  for  that  purpose  may  establish  therein 
the  necessary  professorships. 

They  may  also  make  all  necessary  rules  and  regulations  for  the 
government  of  said  department  and  prescribe  the  tuition  and  the 
terms  of  admission  therein.  The  said  school  shall  continue  to  be 
called  and  known  by  the  name  of  "Marshall  College." 

Executive  Committee. 

*Sec.  180.  The  said  regents  shall  appoint  three  intelligent  and 
discreet  persons,  residents  of  the  county  of  Cabell,  who  shall  con- 
stitute an  executive  committee  for  the  care  and  immediate  manage- 
ment and  control  of  said  school,  subject  to  the  rules  and  regulations 
prescribed  by  the  regents.  Said  committee  shall  (subject  to  the 
control  of  the  said  regents),  designate  the  person  to  take  charge 
of  the  boarding  department  of  said  school,  and  fix  the  price  to  be 
paid  for  board  therein.  They  shall  from  time  to  time  make  fall 
and  detailed  reports  to  said  regents  of  the  conditions,  working  and 
prospects  of  said  school,  and  shall  perform  such  other  duties  in 
relation  thereto  as  the  said  regents  may  from  time  to  time  pre- 
scribe. 

Fairmont  Branch. 

Sec.  181.  The  branch  of  the  state  normal  school  established  at 
Fairmont,  under  and  in  pursuance  of  the  act  passed  March  fourth, 
one  thousand  eight  hundred  and  sixty-eight,  entitled,  "An  act 
providing  for  the  purchase  of  the  West  Virginia  Normal  School  at 
Fairmont,"  shall  be  and  remain  at  that  place,  and  all  provisions 


*See  Appendix  A. 


School  Law  op  West  Virginia. 

lid  act  shall  remain  in  full  force,  except  so  far  as  the  same 

be  altered  by  this  chapter.     Said  school  shall  be  under  the 

jurisdiction  and  control  of  the  regents  of  the  state  normal  school, 

iu  the  same  manner  and  to  the  same  extent  as  the  state  normal 

school  at   .Marshall  College. 

West  Liberty  Branch. 

Sec  182.  The  branch  of  the  State  Normal  School  established  at 
Wes1  Liberty,  under  and  in  pursuance  of  the  act  passed  March 
first,  one  thousand  eight  hundred  and  seventy,  entitled,  "An  act 
to  establish  a  branch  normal  school  at  "West  Liberty,  in  Ohio 
county,"  shall  be  and  remain  at  that  place,  and  all  provisions  of 
said  act  shall  remain  in  full  force,  except  so  far  as  the  same  may 
be  altered  by  this  chapter.  Said  school  shall  be  under  the  juris- 
diction and  control  of  the  regents  of  the  state  normal  school,  in 
the  same  manner  and  to  the  same  extent  as  the  state  normal  school 
at  Marshall  College. 

Glenville  Branch. 


.- 


Sec.  183.  The  branch  of  the  State  Normal  School  established 
at  Glenville  under  and  in  pursuance  of  the  act  passed  the  nine- 
teenth day  of  February,  one  thousand  eight  hundred  and  seventy- 
two,  entitled,  "An  act  to  establish  a  branch  normal  school  at  Glen- 
ville, Gilmer  county,"  shall  be  and  remain  at  that  place,  and  all 
the  provisions  of  said  act  shall  remain  in  full  force  except  so  far 
as  the  same  may  be  altered  by  this  chapter.  Said  school  shall  be 
under  the  jurisdiction  and  control  of  the  regents  of  the  state 
normal  school  in  the  same  manner  and  to  the  same  extent  as  the 
state  normal  school  at  Marshall  College. 

Shepherdstown  Branch. 

Sec.  184.  The  branch  of  the  State  Normal  School  established  at 
Shepherdstown,  under  and  in  pursuance  of  the  act  passed  and 
approved  February  fourteenth,  one  thousand  eight  hundred  and 
seventy-two,  entitled,  "An  act  to  establish  a  branch  normal  school 
at  Shepherdstown,  in  the  county  of  Jefferson,"  shall  be  and  remain 
at  that  place  and  all  the  provisions  of  said  act  shall  remain  in  full 
force  except  so  far  as  the  same  may  be  altered  by  this  chapter. 
Said  school  shall  be  under  the  jurisdiction  and  control  of  the 
nts  of  the  State  Normal  School,  in  the  same  manner  and  to 
the  same  extent  as  the  State  Normal  School  at  Marshall  College. 


School  Law  op  West  Virginia.  77 

Athens  Branch. 

See.  185.  The  branch  of  the  State  Normal  School  at  Athens 
in  Mercer  county,  established  by  the  act  passed  the  twenty-eighth 
day  of  February,  one  thousand  eight  hundred  and  seventy-two, 
entitled  "An  act  to  locate  a  branch  state  normal  school  at  Concord 
in  the  county  of  Mercer,"  shall  be  and  remain  at  that  place  and 
all  the  provisions  of  said  act  shall  remain  in  full  force,  except 
so  far  as  the  same  may  be  altered  by  this  chapter.  Said  school 
shall  be  under  the  jurisdiction  and  control  of  the  regents  of  the 
state  normal  school  in  the  same  manner  and  to  the  same  extent 
as  the  State  Normal  School  at  Marshall  College. 

Monthly  Report. 

Sec.  186.  The  principals  of  the  State  Normal  School  and  i'a 
branches  shall  make,  at  the  close  of  each  month  thereof,  to  the 
president  of  the  board  of  regents,  in  addition  to  the  annual  reports 
required  of  them,  a  report,  under  oath  of  the  number  of  nou- 
paying  normal  school  pupils  and  the  number  of  paying  pupils  in 
the  several  departments  of  the  school  in  actual  monthly  attend- 
ance during  said  term. 

Payment  of  Salaries. 

*Sec.  187.  The  president  and  the  board  of  regents  of  the  State 
Normal  School  and  its  branches  upon  receipt  of  the  reports  re- 
quired under  the  provisions  of  this  chapter,  shall  issue  his  requisi- 
tion upon  the  auditor  of  the  state  for  the  total  amount  of  salary 
due  the  teachers  in  each  normal  school  for  the  month  covered  by 
the  report,  which  sum  shall  be  remitted  to  the  treasurer  of  the 
executive  committee  of  each  normal  school,  but  in  no  instance  shall 
the  amount  paid  out  to  all  normal  schools  for  any  one  month 
exceed  one-tenth  of  the  amount  appropriated  for  the  support  of 
the  normal  school  and  its  branches  for  that  year. 

Normal  Training  for  Colored  Teachers. 

Sec.  188.  The  state  superintendent  of  free  schools  shall  if  pos- 
sible, in  every  year,  make  arrangements  with  some  suitable  institu- 
tion of  learning  in  this  state  for  the  education  and  normal  school 
training  of  a  number  of  colored  teachers  in  proportion   to   the 


"See  Appendix  A. 


78  School  Law  of  West  Virginia. 

colored  population  oi'  the  state  which  (he  non-paying  white  students 
in  the  normal  schools  bear  to  the  white  population  of  the  state; 
but  the  amount  to  be  paid  for  such  education  and  normal  school 
training  shall  be  in  the  same  proportion  to  the  amount  expended 
tor  the  pay  of  teachers  in  the  normal  school  and  its  branches  as 
the  said  colored  teachers  are  in  proportion  to  the  number  of 
students  in  the  normal  school  and  branches.  And  the  said  amount 
shall  be  paid  by  the  state  superintendent  of  free  schools  at  the 
end  of  each  school  month  as  provided  in  the  case  of  the  normal 
school  and  branches. 

PREPARATORY    BRANCH     OF     THE     WEST     VIRGINIA 
UNIVERSITY  AT  MONTGOMERY,  FAYETTE  COUNTY. 

Location. 

Sec.  189.  The  Preparatory  Branch  of  the  State  University 
heretofore  established  at  Montgomery,  shall  remain  where  now 
located  and  shall  be  known  as  the  Montgomery  Preparatory  Branch 
of  the  West  Virginia  University,  by  which  name  it  shall  have  and 
hold  all  property,  funds,  investments,  rights,  powers  and  privi- 
leges granted  by  this  act,  by  bequest,  private  subscriptions,  dona- 
tion or  otherwise. 

Regents. 

*Sec.  190.  For  the  government  and  control  of  said  school  there 
shall  be  a  board  of  regents  consisting  of  the  state  superintendent  of 
free  schools  and  the  members  of  the  board  of  regents  of  the  West, 
Virginia  University.  As  such  they  may  sue  and  be  sued,  plead 
and  be  impleaded,  contract  and  be  contracted  with  and  have  a 
common  seal. 

A  law  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of  Regents  consisting  of  five  members  to  have  charge  of  all  state  in- 
stitutions.    See  Appendix  A. 

Powers. 

L91.     Said  board  shall  have  all  the  powers  to  act  and  shall 

act  and  be  controlled  according  to  and  under  the  laws  of  chapter 

;\--h've  of  the  Code  of  West  Virginia  governing  the  board  of 

regents  of  the  West  Virginia  University,  except  as  herein  limited 

by  this  act. 

*See  Appendix  A. 


School  Law  op  West  Virginia.  79 

Title. 

*Sec.  192.  That  the  title  to  all  grounds,  buildings  and  improve- 
ments shall  be  vested  in  the  board  of  regents  of  said  school,  to  be 
used  and  controlled,  as,  in  like  manner,  is  the  property  of  the 
West  Virginia  University  used  and  controlled  by  its  said  board 
of  regents. 

Branches  Taught. 

Sec.  193.  There  shall  be  taught  in  said  school  such  branches  of 
learning  as  are  taught  in  the  preparatory  department  of  the  West 
Virginia  University  and  in  the  normal  schools  of  this  state ;  but 
no  student  shall  receive  instruction  free  of  tuition  in  any  of  the 
branches  herein  designated,  except  as  to  such  as  are  taught  free 
in  the  preparatory  department  of  the  University  of  West  Virginia. 

Teachers. 

Sec.  194.  It  shall  be  the  duty  of  said  board  of  regents  to  emploj' 
and  fix  the  salaries  of  a  sufficient  and  competent  corps  of  teachers 
and  other  necessary  officers.  Such  teachers  and  officers  to  be  paid 
as  is  provided  by  law  for  the  payment  of  teachers  and  officers  of 
the  West  Virginia  University. 

Tuition. 

*Sec.  195.  All  students  of  this  or  other  states  desiring  to  take 
other  branches  of  study  than  those  designated  in  said  preparatory 
courses  or  take  other  courses  of  study  in  said  school,  shall  pay 
such  tuition  as  shall  be  hereinafter  fixed  by  the  faculty  of  said 
school. 

KEYSER  PREPARATORY  BRANCH  OF  THE   WEST 
VIRGINIA  UNIVERSITY. 

Location. 

Sec.  196.  The  Preparatory  Branch  of  the  State  University  here- 
tofore established  at  Keyser  shall  remain  where  now  located  and 
shall  bo  known  as  the  Keyser  Preparatory  Branch  of  the  West 
Virginia  University,  by  which  name  it  shall  hold  all  the  property, 
funds,  investments,  rights,  powers  granted,  and  may  receive  and 


*See   Appendix   A. 


School  Law  of  West  Virginia. 

hold    by    bequest,    private   subscriptions,    donations   or   otherwise, 
money  and  other  property. 

Regents. 

Sec.  197.  For  the  government  and  control  of  said  school,  there 
shall  be  a  board  of  regents  consisting  of  six  members,  who  shall  be 
appointed  by  the  governor;  not  more  than  four  of  whom  shall  be 
of  the  same  political  party,  and  who,  with  the  state  superintendent 
of  five  schools,  who  shall  l>e  ex-officio  member  shall  constitute  said 
board ;  the  regents  now  in  office  shall  serve  until  the  expiration  of 
the  term  for  which  they  were  appointed,  and  prior  to  the  first 
day  of  May,  nineteen  hundred  and  nine,  the  governor  shall  by  and 
with  the  advice  and  consent  of  the  senate  appoint  three  regents 
for  the  term  of  four  years,  beginning  June  first;  likewise,  on  or 
before  the  first  day  of  May,  nineteen  hundred  and  eleven,  he  shall 
appoint  three  regents  whose  term  shall  begin  on  the  first  day  of 
June  following.  Vacancies  occurring  in  the  board  shall  be  filled 
by  the  governor  as  they  occur. 

The  members  of  said  board  shall  be  appointed  from  the  citizens 
of  Mineral,  Grant,  Hardy,  Morgan,  Pendleton,  Tucker,  Preston 
and  Hampshire  counties,  and  before  entering  upon  the  discharge 
of  their  duties,  the  members  of  the  board  shall  take  an  oath  to 
faithfully  discharge  their  duties.  The  said  board  shall  be  known 
as  :'The  Board  of  Regents  of  the  Keyser  Preparatory  Branch  of 
the  West  Virginia  University,"  by  which  name  said  board  shall 
sue  and  be  sued,  make  contracts,  receive  and  hold  real  and  per- 
sonal property  as  aforesaid. 

A  law  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of  Regents  consisting  of  five  members  to  have  charge  of  all  state  in- 
stitutions.    See  Appendix  A. 

Title. 

*Sec.  198.     Title  to  the  property,  buildings  and  improvements 
ipt  under  the  provisions  of  this  act,  shall  be  vested  in  the 
■d  of  regents  of  said  school,  to  be  used  and  controlled  for  th<i 
purpose  of  this  act. 

Branches  Taught. 
!.  108yo.     There  shall  be  taught  in  said  school  such  branches 


Append 


School  Law  of  West  Virginia.  81 

of  learning  as  are  taught  in  the  preparatory  department  of  the 
West  Virginia  University  and  in  the  normal  schools  of  this  state, 
including  mechanics,  and  such  other  branches  as  shall  fit  the  pupils 
for  useful  trades  and  callings.  But  no  student  shall  receive  in- 
struction free  of  tuition  in  any  of  the  branches  herein  designated, 
except  as  to  such  as  are  taught  free  in  the  Preparatory  Depart- 
ment of  the  West  Virginia  University. 

Teachers. 

*Sec.  199.  It  shall  be  the  duty  of  said  board  of  regents  to 
employ  and  fix  the  salaries  of  a  sufficient  and  competent  corps  of 
teachers  and  officers,  to  be  paid  as  provided  by  law,  and  as  directed 
by  said  board  of  regents. 

Tuition. 

Sec.  200.  All  students  of  this  or  other  states  desiring  to  take 
other  branches  than  those  designated  in  said  preparatory  course, 
or  to  take  other  courses  of  study  in  said  school,  shall  pay  such 
tuition  as  shall  be  fixed  by  the  board  of  regents. 

Income. 

Sec.  201.  All  moneys  arising  from  tuition,  matriculation  fees 
or  otherwise  coming  into  the  hands  of  the  treasurer  of  said  school, 
shall  be  used  and  applied  to  the  payment  of  the  teachers'  salaries 
and  other  liabilities  of  said  school. 

Officers. 

*Sec.  202.  The  board  of  regents  of  said  school  shall  have  power 
to  appoint  a  treasurer,  and  require  him  to  give  bond,  with  good 
security  to  be  approved  by  said  board,  and  also  a  secretary,  to 
appoint  an  executive  committee  of  not  more  than  three  persons, 
citizens  of  Keyser,  to  have  the  care,  control  and  management  of 
said  school,  under  the  order  and  direction  of  the  board  of  regents. 

Compensation. 

*Sec.  203.  Members  of  the  board  of  regents  shall  receive  four 
dollars  per  day  for  the  time  actually  employed  by  them  and  their 


*See  Appendix  A. 


82  School  Law  of  West  Virginia. 

actual   expenses  while  attending  a  meeting  of  the  board,  which 
shall  be  verified  by  oath. 

Each  member  of  the  State  Board  of  Regents  which  according  to  the  provisions  of  the 
law  (1909)  has  charge  of  all  the  educational  institutions  receives  $1,000.00  per  year  and 
necessary  traveling  expenses.     See  Appendix  A. 

THE   WEST   VIRGINIA   COLORED   INSTITUTE. 

Act  of  Congress. 

Sec.  204.  An  act  accepting  the  provisions  of  the  act  of  congress, 
approved  August  thirtieth,  eighteen  hundred  and  ninety,  entitled 
"An  act  to  apply  a  portion  of  the  proceeds  of  the  public  lands  to 
the  more  complete  endowment  and  support  of  the  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts,  established  under 
the  provisions  of  an  act  of  congress,  approved  July  second,  eighteen 
hundred  and  sixty -two,"  and  providing  for  the  apportionment  of 
said  endowment  according  to  the  provisions  of  said  act. 

Whereas,  The  congress  of  the  United  States  of  America,  by  an 
act  approved  August  thirtieth,  eighteen  hundred  and  ninety,  en- 
titled, "An  act  to  apply  a  portion  of  the  proceeds  of  the  public 
lands  to  the  more  complete  endowment  and  support  of  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts,  established  under 
the  provisions  of  an  act  of  congress  approved  July  second,  eighteen 
hundred  and  sixty-two,"  made  an  appropriation  to  each  state 
and  territory  of  fifteen  thousand  dollars  for  the  year  ending  June 
thirtieth,  eighteen  hundred  and  ninety;  and  an  annual  increase 
of  said  appropriation  thereafter  for  ten  years  by  the  additional  sum 
of  one  thousand  dollars  over  the  preceding  year,  after  which  tlm« 
the  annual  amount  so  appropriated  will  be  twenty-five  thousand  dol- 
lars for  the  more  complete  endowment  and  maintenance  of  the 
colleges  established  under  the  act  of  congress  last  aforesaid,"  to 
be  applied  only  to  instruction  in  agriculture,  the  mechanic  arts, 
the  English  language,  and  the  various  branches  of  mathematical, 
physical,  natural  and  economic  science,  with  special  reference  to 
their  application  in  the  industries  of  life;  and  to  the  facilities 
for  such  instruction,"  and 

Whereas,  By  proviso  in  said  act  no  state  can  obtain  the  benefits 
thereof  where  facilities  are  not  provided  for  the  instruction  of 
colored  students  in  said  branches  of  study,  either  in  the  same  in- 
stitution or  in  separate  institutions,  and  the  legislature  of  the 
ml  states  are  required  to  make  an  equitable  division  of  said 


School  Law  of  West  Virginia.  83 

annual  appropriation  where  such  separate  institutions  are   pro- 
vided and  report  the  same  to  the  secretary  of  the  interior,  and 

Whereas,  The  constitution  of  the  state  of  West  Virginia  forbids 
the  education  of  white  and  colored  youth  in  the  same  state  schools : 
and  this  state  having  heretofore  made  no  provision  for  the  separate 
education  of  colored  youth  in  agricultural  and  mechanic  arts;  and 
the  enumeration  of  the  white  and  colored  youth  of  this  state  of 
school  age,  being  about  two  hundred  and  fifty  thousand  white  and 
twelve  thousand  colored,  it  being  the  duty  of  this  state  to  indicate 
a  reasonable  proportion  of  said  appropriations  to  be  set  apart 
annually  for  the  instruction  of  the  colored  youth  of  the  state,  the 
sum  of  three  thousand  dollars  is  hereby  indicated  as  an  equitable 
portion  of  said  appropriations  for  five  years  from  the  date  of  the 
passage  of  this  act,  and  after  that  time  five  thousand  dollars  as 
long  as  such  appropriation  continues;  and 

Whereas,  By  the  terms  of  the  said  act  of  congress  of  the  United 
States,  approved  August  thirtieth,  eighteen  hundred  and  ninety, 
it  is  necessary,  in  order  to  enable  this  state  to  share  in  the  appro- 
priations so  made  and  to  be  made  under  the  provisions  of  said 
last  recited  act,  for  the  legislature  to  accept  of  the  provisions  of 
said  act  for  and  on  behalf  of  this  state,  and  to  make  proper  and 
suitable  provisions  for  6aid  act  upon  which  this  state  will  be 
entitled  to  her  distributable  share  of  said  appropriations,  and  to 
designate  the  institutions  of  learning  to  become  the  beneficiaries  of 
said  appropriations,  and  the  officer  of  this  state  to  whom  the  money 
shall  be  paid  by  the  United  States  for  the  use  of  said  beneficiaries. 

Therefore,  Be  it  Enacted  by  the  Legislature  of  West  Virginia: 

Acceptance  of  Grant. 

Sec.  205.  The  legislature  of  the  state  of  West  Virginia  hereby 
accepts  for  said  state,  the  terms  and  provisions  of  the  said  act  of 
congress  of  the  United  States  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  for  the  objects  and  purposes  mentioned  and 
declared  therein,  and  designates  "The  West  Virginia  University." 
established  in  pursuance  of  the  act  of  congress  of  the  United 
States  passed  July  two,  eighteen  hundred  and  six-two,  and  a  sub- 
sequent act  passed  by  said  congress  on  April  nineteen,  eighteen 
hundred  and  sixty-four,  at  Morgantown,  in  county  of  Monongalia 
in  this  state,  as  a  beneficiary  of  said  appropriation  for  the  instruc- 
tion of  white  students,  and  an  institution  to  be  located  and  pro- 


School  Law  op  "West  Virginia. 

vided  for  the  purpose  as  hereinafter  required  and  directed,  in  the 
county  of  Kanawha,  to  be  called  "The  West  Virginia  Colored 
[nstitute,"  Eor  the  beneficiary  of  said  appropriation  for  the  in- 
struction of  colored  students,  to  be  paid  to  each  in  the  proportion 
mentioned  in  the  preamble  to  this  act.  And  the  said  institution 
by  the  name  of  "The  West  Virginia  Colored  Institute,"  shall 
have  and  hold  all  the  property,  funds,  rights,  powers  and  privileges 
hereinafter  mentioned. 

Regents. 

Sec.  206.  For  the  government  and  control  of  said  institute, 
there  shall  be  a  board  of  regents,  consisting  of  the  state  superin- 
tendent of  free  schools  and  six  other  competent  persons,  not  more 
than  four  of  whom  shall  belong  to  the  same  political  party,  to  be 
called  the  "Regents  of  the  West  Virginia  Colored  Institute,"  and 
as  such  board  they  may  sue  and  be  sued,  plead  and  be  impleaded, 
and  have  a  common  seal.  The  governor  shall,  between  the  fifteenth 
day  of  March  and  the  fifteenth  day  of  April,  in  the  year  nineteen 
hundred  and  nine,  and  every  four  years  thereafter,  nominate  and, 
by  and  with  the  advice  and  consent  of  the  senate,  appoint  six 
regents,  whose  term  of  office  shall  begin  on  the  first  day  of  June 
next  following  their  appointment,  and  continue  for  four  years 
and  until  their  successors  are  appointed  and  qualified.  Vacancy 
in  the  office  of  regent  shall  be  filled  by  appointment  by  the  governor 
for  the  unexpired  term.  Said  board  shall  have  the  care,  custody 
and  control  of  the  property  and  funds  of  the  institute,  and  may 
accept  from  any  person  or  persons,  gifts  of  money  or  property  for 
the  use  of  said  institute;  and  all  such  money  and  property  when 
so  received  by  them,  shall  be  held  in  trust  by  them  for  the  use  and 
benefit  of  the  institute,  and  applied  thereto  as  the  donors  may 
have  directed,  and  if  no  such  directions  have  been  given,  as  a 
majority  of  the  regents  may  determine. 

'1   1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
of    Regents  consisting  of  five   members  to  have   charge   of  all   state  institu- 
tions.    See  Appendix  A. 

Regents  to  Establish  Departments. 

*Sec.  207.    The  board  of  regents  shall  from  time  to  time  establish 
i  departments  of  education  in  literature,  science,  art  and  agri- 
culture, not  inconsistent  with  the  terms  of  the  several   acts  of 
congress  hereinbefore  referred  to  as  they  deem  expedient,  and  as 
the   funds  under  their  control  will    warrant,   and   purchase   such 

ndix   A. 


School  Law  of  West  Virginia.  85 

materials,  implements  and  apparatus,  as  may  be  requisite  to  the 
proper  instruction  of  said  colored  students  in  all  said  •  branches 
of  learning  as  to  carry  out  the  intent  and  purpose  of  said  acts  of 


congress. 


Rules  and  Regulations. 

Sec.  208.  The  state  superintendent  of  free  schools  shall  prepare 
suitable  diplomas  to  be  granted  to  the  students  of  the  normal  de- 
partment of  said  school  who  have  completed  the  course  of  study 
and  discipline  prescribed  by  said  regents,  which  diploma  hereafter 
issued  shall  be  equivalent  in  all  respects  to  a  first  grade  certificate 
for  a  period  of  five  years.  The  said  regents  may  establish  a  pay 
department  in  said  school  whenever  the  accommodations  thereof 
will  admit  of  the  same,  and  may  admit  into  such  department  so 
many  paying  students  as  can  be  accommodated  therein  from  this 
or  any  other  state.  The  said  board  shall  establish  and  declare  such 
rules,  regulations  and  by-laws,  not  inconsistent  with  the  laws  of 
the  United  States  or  of  this  state,  as  they  may  deem  necessary  for 
the  proper  organization,  the  tuition  of  the  students  and  the  good 
government  of  the  institute,  and  the  protection  of  the  property 
belonging  thereto.  All  reasonable  expenses  incurred  by  said  re- 
gents in  the  discharge  of  their  duties  hereby  imposed  upon  them 
shall  be  allowed  by  the  governor  and  paid  out  of  the  treasury  of 
the  state,  in  like  manner  as  other  charges  on  the  treasury  are  paid. 

State  Treasurer  to  Receive  Grants. 

*Sec.  209.  The  treasurer  of  this  state  is  hereby  designated  as  the 
officer  to  receive  from  the  secretary  of  the  treasury  of  the  United 
States  the  said  several  sums  of  money  so  to  be  paid  to  this  state 
aforesaid,  for  the  uses  and  purposes  aforesaid.  He  shall  keep  an 
exact  account  of  the  moneys  so  received,  and  shall  place  to  the 
credit  of  each  of  said  beneficiaries  thereof,  its  due  proportion  of 
the  same.  The  sums  so  placed  to  the  credit  of  the  "West  Virginia 
University  shall  be  paid  out  by  him  on  the  order  of  the  board  of 
regents  thereof,  and  the  sums  so  placed  to  the  credit  of  the  West 
Virginia  Colored  Institute,  shall  be  paid  out  by  him  on  the  order 
of  the  board  of  regents  of  said  institute.  And  said  treasurer  shall 
include  in  his  biennial  report  to  the  governor  a  statement  of  h'i3 
receipts  and  disbursements  under  the  provisions  of  this  act. 


'See  Appendix  A. 


School  Law  of  West  Virginia. 
Sites  and  Buildings. 

•Sec.  210.  It  shall  be  the  duty  of  the  board  of  the  school  fund 
to  proceed  with  all  reasonable  dispatch  to  procure  the  necessary 
quantity  of  farming  land  not  exceeding  fifty  acres  in  all  in  some 
suitable  and  proper  locality  in  the  county  of  Kanawha,  with  a  title 
thereto  clear  and  unquestionable,  and  to  erect  the  necessary  build- 
ings and  make  the  necessary  improvements  thereon,  for  the  pur- 
poses of  this  act,  and  to  comply  in  good  faith  with  the  terms  and 
conditions,  and  to  carry  into  effect  the  objects  and  purposes  of 
the  acts  of  congress  in  making  said  appropriations. 

BLUEFIELD  COLORED  INSTITUTE. 

Location. 

Sec.  211.  The  Bluefield  Colored  Institute  shall  remain  where 
now  located,  and  shall  be  known  as  the  "Bluefield  Colored  Insti- 
tute," by  which  name  it  shall  have  and  hold  all  the  property,  funds, 
investments,  rights,  powers  and  privileges  created  by  this  act,  by 
request,  private  subscription,  donation  or  otherwise. 

Regents. 

Sec.  212.  For  the  government  and  control  of  said  institute  there 
shall  be  a  board  of  regents  consisting  of  the  state  superintendent 
of  free  schools  and  five  other  persons,  not  more  than  three  of  said 
persons  shall  belong  to  the  same  political  party. 

Said  board  shall  be  a  body  corporate  under  the  style  of  "Board 
of  Regents  of  the  Bluefield  Colored  Institute,"  and  as  such  may 
sue  and  be  sued,  plead  and  be  impleaded,  contract  and  be  contract 
ed  with,  and  have  and  use  a  common  seal.  The  governor  shall, 
between  the  fifteenth  day  of  March  and  the  fifteenth  day  of  May, 
in  the  year  nineteen  hundred  and  nine  and  every  four  years  there- 
after, nominate  and,  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  said  five  regents,  whose  term  of  office  shall  begin 
on  the  first  day  of  June  next  after  their  appointment  and  continue 
for  four  years  and  until  their  successors  are  appointed  and  quali- 
fied. A  vacancy  in  the  office  of  regent  shall  be  filled  by  appoint- 
ment by  the  governor  for  the  unexpired  term.     The  compensation 

*See  Appendix   A. 


School  Law  of  West  Virginia.  87 

of  said  regents  shall  be  the  same  as  that  provided  for  the  regents 
of  the  West  Virginia  Colored  Institute. 

A  law  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of  Regents  consisting  of  five  members  to  have  charge  of  all  state  institu- 
tions.    See  Appendix  A. 

Powers. 

*Sec.  213.  Said  board  shall  have  all  the  powers  to  act,  and  shall 
act  and  be  controlled  according  to  and  under  the  laws  governing 
the  board  of  regents  of  the  normal  schools  of  this  state,  except 
as  here  limited  by  this  act. 

Property  Vested  in  Board. 

*Sec.  214.  All  grounds  and  improvements  belonging  to  said  in- 
stitution shall  be  vested  in  the  board  of  regents  of  said  school,  to 
be  used  and  controlled  in  like  manner  as  the  property  of  the  normal 
school  and  branches  is  used  and  controlled  by  its  said  board  of 
regents. 

Branches  to  he  Taught. 

Sec.  215.  There  shall  be  taught  in  said  school  such  branches 
of  learning  as  are  taught  in  the  preparatory  department  of  the 
West  Virginia  University  and  in  the  normal  schools  of  this  state, 
but  no  student  shall  receive  instruction  free  of  tuition  in  any  of 
the  branches  here  designated  except  as  provided  in  section  one 
hundred  and  seventy-nine  of  chapter  forty-five  of  the  code  of  West 
Virginia,  and  as  to  such  as  are  taught  free  in  the  preparatory 
department  of  the  University  of  West  Virginia. 

Teachers. 

*Sec.  216.  It  shall  be  the  duty  of  the  said  board  of  regents  to 
employ  and  fix  the  salaries  of  a  sufficient  and  competent  corps  of 
teachers  and  other  necessary  officers,  such  teachers  and  officers  to 
be  paid  as  is  provided  by  law  for  the  payment  of  teachers  and 
officers  of  the  normal  schools  of  this  state.  The  said  salaries  to  be 
paid  out  of  any  moneys  in  the  state  treasury  not  otherwise  appor- 
tioned. 

Tuition. 

Sec.  217.     All  students  of  this  state  desiring    to    take    other 


*See  Appendix  A. 


School  Law  of  West  Virginia. 

branches  of  studies  than  those  designated  in  said  preparatory. 
course  or  taking  other  courses  of  study  in  said  school,  shall  pay 
such   tuition  as  shall   hereafter  be  fixed  by  the  faculty  of  said 

school. 

Expenditures. 

*Sec.  218.  All  money  arising  from  tuition,  matriculation  fees  or 
otherwise,  coming  into  the  hands  of  the  treasurer  of  said  school, 
shall  be  used  and  applied  to  the  payment  of  teachers'  salaries  and 
other  liabilities  of  said  school. 

THE  WEST  VIRGINIA  SCHOOL  FOR  THE  DEAF  AND 

THE  BLIND. 

Sec.  219.  The  West  Virginia  School  for  the  Deaf  and  the  Blind 
heretofore  established  shall  remain  at  Romney  and  be  known  as 
"The  West  Virginia  School  for  the  Deaf  and  the  Blind." 

Regents. 

Sec.  220.  For  the  government  and  control  of  said  school  there 
shall  be  a  board  of  regents  consisting  of  nine  persons  to  be  ap- 
pointed by  the  governor,  as  hereinafter  provided,  who  shall  be 
called  "The  Regents  of  the  West  Virginia  School  for  the  Deaf 
and  the  Blind,"  and  as  such  may  have  a  common  seal,  sue  and  be 
sued,  plead  and  be  impleaded,  contract  and  be  contracted  with, 
and  take,  hold  and  possess  real  and  personal  estate  for  the  use 
of  said  school. 

A  law  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of  Regents  consisting  of  five  members  to  have  charge  of  all  state  institu- 
tions.    See  Appendix  A. 

Regents — Appointment  of. 

Sec.  221.  The  Board  of  Regents  of  the  West  Virginia  School  for 
the  Deaf  and  the  Blind  shall  be  composed  of  nine  members.  These 
shall  be  divided  into  three  classes  of  three  regents  each  and  shall 
be  appointed  as  follows:  On  or  before  May  thirty-one,  nineteen 
hundred  and  nine,  the  governor  shall,  by  and  with  the  consent 
of  the  senate,  appoint  three  regents;  on  or  before  May  thirty-one, 
nineteen  hundred  and  eleven,  he  shall  appoint  three;  and  on  or 
before  May  thirty-one,  nineteen  hundred  and  thirteen,  he  shall 
appoint  three,  and  the  regents  so  appointed  shall  serve  for  a  term 

x    A. 


School  Law  of  West  Virginia.  89 

of  six  years  from  the  first  of  June  following  their  appointment 
and  until  their  successors  are  appointed  and  qualified.  The  regents 
now  in  office  shall  serve  for  the  term  for  which  they  were  appointed. 
The  governor  may  by  appointment  fill  any  vacancy  occurring  in 
the  board  for  the  unexpired  term,  and  any  regent  appointed  dur- 
ing the  recess  of  the  senate  shall  serve  until  the  next  meeting  of 
the  senate.  Not  more  than  two  members  of  each  of  the  three  classes 
of  regents  hereinbefore  mentioned,  shall  belong  to  the  same  politi- 
cal party  and  two  regents  shall  not  be  appointed  from  the  same 
senatorial  district. 

A  law  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of  Regents  consisting  of  five  members  to  have  charge  of  all  state  institu- 
tions.    See  Appendix  A. 

Meetings. 

*Sec.  222.  The  board  of  regents  shall  appoint  one  of  their  num- 
ebr  president,  and  in  case  of  his  absence,  a  president  pro  tempore, 
and  shall  appoint  a  secretary,  and  all  orders,  drafts,  or  requisitions 
for  money  from  the  state  shall  be  signed  by  the  secretary  and  coun- 
tersigned by  the  president.  Said  board  shall  meet  annually  on  the 
third  Tuesday  in  October  and  at  such  other  times  as  they  may  think 
necessary.  Extra  meetings  may  be  called  by  the  president  or  bjr 
any  three  members  of  the  board  by  notifying  the  other  members  of 
the  time  and  place  of  the  meeting  and  the  nature  of  the  business 
which  renders  an  extra  meeting  necessary.  A  majority  of  the 
board  shall  constitute  a  quorum  for  the  transaction  of  all  ordinary 
business,  but  the  board  may  in  its  discretion,  designate  business 
which  may  be  transacted  by  a  stated  number  of  regents  less  than  a 
quorum. 

Principal. 

Sec.  223.  It  shall  be  the  duty  of  the  principal  under  the  direc- 
tion of  the  board,  to  superintend  the  affairs  necessary  for  the  prop- 
er conduct  of  the  institution,  and  to  make  such  general  regulations 
as  may  be  necessary  for  the  successful  management  of  the  same 
and  to  purchase  such  books  and  apparatus  as  may  be  necessary 
for  the  efficient  working  of  the  institution. 

Teachers — Overseers — Employees. 

*Sec.  224.  Said  board  shall  appoint  a  principal  and  all  neces- 
sary teachers,  officers  and  employees,  and  shall  provide  the  furni- 


*See  Appendix   A. 


School  Law  of  West  Virginia. 

lure,  fixtures,  apparatus  and  other  things  necessary  for  the  com- 
fort and  convenience  of  the  pupils  of  the  institution. 

Steward — Salaries — Residence. 

*Sec.  225.  The  said  board  may,  when  they  deem  it  necessary, 
elect  a  steward ;  and  the  principal  and  matron  shall  reside  in  the 
institution  and  the  steward  and  teachers  in  or  near  it.  All  sal- 
aries shall  be  fixed  by  the  board  of  regents  and  shall  be  paid  month- 
ly or  quarterly,  as  the  board  may  deem  proper,  out  of  the  funds 
appropriated  by  the  legislature. 

Physician. 

*Sec.  226.  The  board  of  regents  shall  employ  as  visiting  physi- 
cian of  the  institution,  a  physician  of  reputable  standing  in  his  pro- 
fession, and  fix  his  salary,  not  to  exceed  five  hundred  dollars  per 
annum,  to  be  paid  in  the  same  manner  as  the  salary  of  teachers. 
And  it  shall  be  his  duty  to  render  all  medical  assistance  necessary 
to  the  pupils  in  the  institution. 

Bond. 

Sec.  227.  The  principal  and  steward  shall  give  bond  with  ap- 
proved security  in  such  amount  as  the  board  of  regents  may  direct, 
for  the  faithful  discharge  of  their  respective  duties. 

Regulations — Reports. 

*Sec.  228.  The  board  of  regents  sball  prescribe  such  by-laws, 
rules,  and  regulations  for  the  government  and  conduct  of  the  insti- 
tution under  their  charge  as  shall  be  necessary  to  secure  the  harmo- 
nious and  efficient  management  of  said  institution  in  all  its  parts. 
They  shall  require  such  reports  from  the  principal,  steward,  ma- 
tron, and  physician  as  in  their  opinion  the  welfare  of  the  institu- 
tion may  demand,  and  they  shall  annually,  on  or  before  the  first 
day  of  December,  report  to  the  governor  all  the  facts  and  circum- 
stances in  connection  with  the  conduct  and  progress  of  the  institu- 
tion, with  a  careful  statement  of  all  the  receipts  and  expenditures 
of  the  same,  and  shall  accompany  their  annual  reports  with  such 
recommendations  and  suggestions  as  will  enable  the  state  efficiently 
to  foster  and  promote  the  enterprise  of  educating  the  deaf  and 

*See  Appendix  A. 


School  Law  of  West  Virginia.  91 

blind  youth  within  its  limits.  The  fiscal  year  of  the  institution 
shall  end  on  the  last  day  of  September,  and  the  accounts  of  the  in- 
stitution shall  be  kept  with  reference  to  said  fiscal  year. 

Accommodations. 

*Sec.  229.  The  board  of  regents  may  provide  in  said  institution 
accommodations  for  all  the  officers,  teachers,  assistants  and  em- 
ployees, and  for  all  the  deaf  and  blind  youth  resident  of  the  state 
who  may  apply  for  admission  to  the  said  institution,  between  the 
ages  of  eight  and  twenty-five  years,  and  for  such  other  deaf  and 
blind  persons  as  may  apply  for  admission  as  pay  pupils  under  such 
regulations  as  said  board  may  direct,  but  all  youth  admitted  must 
be  of  sound  mind  and  not  afflicted  with  any  contagious  disease. 

Admission. 

Sec.  230.  All  such  deaf  and  blind  youth  resident  of  the  state, 
between  the  ages  of  eight  and  twenty-five  years,  shall  be  admitted 
to  the  institution  on  application  to  the  principal,  until  the  insti- 
tution is  filled.  Applicants  shall  be  admitted  in  the  order  of  their 
application,  and  it  shall  be  the  duty  of  the  principal  to  keep  a 
careful  record  of  the  names  of  all  applicants,  with  the  dates  of  the 
admission  and  discharge,  their  age,  post  office  address,  the  name 
of  their  parents  or  guardians,  and  the  degree,  cause  and  circum- 
stances of  their  deafness  and  blindness. 

Clothing. 

*Sec.  231.  All  such  deaf  and  blind  pupils  shall  be  admitted  as 
above  directed  without  charge  for  board  and  tuition ;  and  when 
not  otherwise  provided  with  clothing  they  shall  be  furnished 
therewith  by  the  institution  while  they  are  pupils  therein,  and  the 
principal  shall  make  out  an  account  therefor  in  each  case  against 
the  respective  counties  from  which  said  pupils  come,  in  an  amount 
not  exceeding  forty  dollars  per  annum  for  every  such  pupil,  which 
account  shall  be  sworn  to  by  the  principal  and  countersigned  by 
the  secretary,  and  which  shall  be  transmitted  by  the  principal  to 
the  auditor  of  the  state,  whose  duty  it  shall  be  to  transmit  a  copy  of 
the  same  to  the  clerk  of  the  county  courts  of  the  respective  coun- 
ties in  which  such  pupils  live,  and  the  county  court  of  such  coun- 
ties shall  thereupon  at  their  next  session  thereafter  held  for  the 


kSee  Appendix  A. 


school  Law  of  West  Virginia. 

purpose  of  making  a  county  levy,  include  in  such  levy  the  amount 
said  accounl  against  their  counties,  and  cause  an  order  to  he 
issue*  1  on  the  sheriff  of  the  county  in  favor  of  the  auditor  of  the 
stair,  and  cause  the  same  to  be  transmitted  by  the  clerk  of  said 
court  to  the  auditor,  whose  duty  it  shall  be  to  collect  the  same  and 
phuc  ii  to  the  credit  of  the  institution,  to  be  drawn  out  upon  a 
requisition  as  a  part  payment  of  the  current  expenses  of  said 
school,  [f  the  same  is  not  paid  to  the  auditor  by  the  respective 
counties  from  which  they  are  due  in  a  reasonable  time,  it  shall  be 
the  duty  of  the  auditor  to  collect  the  same  by  law. 

Age. 

Sec.  232.  The  pupils  of  said  school  may  continue  therein  five 
years,  and  for  as  much  longer  as  in  the  discretion  of  the  board  and 
principal  their  condition  and  progress  would  seem  to  justifj^. 
Aiter  all  the  applicants  between  the  prescribed  ages  of  eight  and 
twenty-five  years  have  been  admitted,  if  there  are  accommodations, 
the  principal  may  admit  other  deaf  and  blind  persons  who  may  be 
of  suitable  age  to  receive  any  advantage  from  the  institution,  and 
upon  such  terms  as  the  board  may  prescribe;  but  it  shall  be  dis- 
tinctly understood  that  such  persons  shall  withdraw  from  the  insti- 
tution in  the  order  of  their  admission  to  make  room  for  new  appli- 
cants between  the  ages  prescribed. 

Instruction. 

Sec.  233.  The  course  of  instruction  in  the  institution  shall  be 
prescribed  by  the  board  of  regents  with  the  advice  of  the  princi- 
pal, and  shall  be  as  extensive  both  in  the  intellectual,  musical  and 
mechanical  departments  as  the  capacities  and  interests  of  the  pu- 
pils may  require. 

Registration  of  Deaf  and  Blind. 

',.  234.  In  addition  to  their  other  duties  the  assessors  of  the  state 
are  hereby  required  to  register  in  a  book  to  be  furnished  them  by  the 
auditor  for  the  purpose,  the  names  of  all  the  deaf  and  the  blind  per- 

in  their  respective  districts,  with  the  degree  and  cause  of 
deafness  and  blindness  in  each  case  as  far  as  can  be  ascertained, 
from  the  heads  of  the  families,  or  from  other  persons  whom  the  as- 

*See   Appendix    A. 


School  Law  of  West  Virginia.  93 

sessors  may  conveniently  consult,  their  ages,  the  names  of  their  par- 
ents or  guardians,  their  post  office  address,  and  such  other  facts  as 
may  be  useful  in  making  the  said  institution  efficient  in  ameliorat- 
ing the  conditions  of  the  deaf  and  blind.  They  shall  complete  the 
registration  as  early  as  possible  and  forward  their  report  to  the 
auditor  who  shall  if  practicable  before  the  first  day  of  July,  or  as 
soon  thereafter  as  possible  make  an  alphabetical  abstract  of  all  the 
facts  furnished  him  by  the  assessors'  reports,  and  shall  send  the 
same  by  mail  to  the  principal  of  the  West  Virginia  School  for  the 
Deaf  and  the  Blind,  and  said  principal  is  hereby  further  required 
to  put  himself  into  immediate  correspondence  with  all  the  deaf 
and  blind  persons,  of  suitable  age  and  condition,  mentioned  in  the 
auditor's  abstract,  with  a  view  to  their  admission  as  pupils  into 
said  school. 

Compensation  of  Assessors. 

Sec.  235.  The  assessors  shall  receive  for  the  extra  duties  hereby 
imposed  the  same  compensation  as  now  allowed  them  for  the  regis- 
tration of  births  and  deaths,  and  shall  be  liable  to  the  same  penal- 
ties for  failure  to  discharge  their  duties. 

WEST  VIRGINIA  REFORM  SCHOOL. 

Sec.  236.  The  West  Virginia  Reform  School  heretofore  estab- 
lished shall  hereafter  remain  at  Pruntytown  and  be  known  as  the 
West  Virginia  Reform  School. 

Regents. 

*Sec.  237.  For  the  government  and  control  of  said  reform  school 
there  shall  be  a  board  of  regents  consisting  of  five  persons  to  be  ap- 
pointed by  the  governor  as  hereinafter  provided,  who  shall  be  called 
"The  Regents  of  the  West  Virginia  Reform  School,"  and  as  such 
may  have  a  common  seal,  sue  and  be  sued,  plead  and  be  impleaded, 
contract  and  be  contracted  with,  and  take,  hold  and  possess  real 
and  personal  estate  for  the  use  of  said  school. 

Said  board  of  regents  shall  consist  of  five  members  who  shall  be 
residents  and  voters  of  the  state.  Not  more  than  three  of  said  re- 
gents shall  be  appointed  from  the  same  political  party,  and  no  two 
shall  be  appointed  from  the  same  senatorial  district.  The  regents 
now  in  office  shall  serve  for  the  term  for  which  they  were  appointed 


94  School  Law  of  West  Virginia. 

and  as  the  term  of  each  regent  now  in  office  expires,  the  governor 
shall  fill  the  place  by  appointment.  Each  regent  appointed  shall 
servo  for  a  period  of  four  years  and  until  his  successor  is  appointed 
and  qualified.  The  governor  may  by  appointment  fill  any  vacancy 
occurring  in  the  board,  for  the  unexpired  term. 

A  larr  passed  1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of  Resents  consisting  of  five  members  to  have  charge  of  all  state  institu- 
tions.     See  Appendix  A. 

President — Quorum. 

*Sec.  238.  The  board  of  regents  shall  biennially  choose  one  of 
their  body  to  be  president  of  the  board,  and  in  his  absence  shall 
choose  a  president  pro  tempore.  A  majority  of  the  board  shall 
constitute  a  quorum,  but  the  board  may  in  its  discretion  designate 
business,  of  a  nature  by  it  to  be  specified,  which  may  be  transacted 
by  a  stated  number  of  regents  less  than  a  quorum. 

By-Laws,  Etc. 

*Sec.  239.  The  board  of  regents  shall  make  such  ordinances, 
rules,  and  regulations  relative  to  the  management,  government,  in- 
struction, discipline,  training,  employment  and  disposition  of  the 
minors  in  the  reform  school,  not  contrary  to  law,  as  they  may  deem 
proper,  and  shall  appoint  such  officers,  agents  and  employees  as 
they  may  deem  necessary  to  transact  the  business  and  carry  on  the 
operation  of  said  reform  school,  and  may  designate  their  duties. 

Annual  Report  of  Board  of  Regents. 

*Sec.  240.  The  board  of  regents  shall  make  an  annual  report  to 
the  governor  of  their  transactions,  of  the  number  of  minors  re- 
ceived by  them  in  the  said  reform  school,  the  disposition  which  has 
been  made  of  such  minors,  by  instructing  or  employing  them  there- 
in or  by  binding  them  out  as  apprentices;  the  receipts  and  ex- 
penditures of  said  board  of  regents,  and  generally  all  such  facts 
and-  particulars  as  may  tend  to  exhibit  the  influences,  whether 
beneficial  or  otherwise,  of  said  reform  school. 
Inmates — Who  may  be  Committed  and  for  What — Manner  of  Com- 
mitment. 

Sec.  241.     Any  boy  under  the  age  of  eighteen  years  may  be 


*See  Appendix  A. 


School  Law  of  West  Virginia.  95 

committed  to  and  received  into  the  West  Virginia  Reform  School 
for  the  reasons  and  in  the  manner  following: 

First — By  a  justice  of  the  peace  of  the  county  in  which  he  re- 
sides, on  complaint  under  oath  and  due  proof  made  to  him  by  the 
parent,  guardian  or  other  persons  having  the  custody  and  control 
of  such  minor;  that  by  reason  of  incorrigible  or  vicious  conduct 
such  minor  has  rendered  his  control  beyond  the  power  of  the  parent, 
or  guardian  or  such  other  person,  and  made  it  manifestly  requi- 
site that,  from  regard  for  the  morals  and  future  welfare  of  such 
boy  and  for  the  peace  and  order  of  society,  he  shall  be  placed  in 
said  school. 

Second — By  the  same  authority  upon  complaint  under  oath, 
and  due  proof  before  the  justice  that  such  minor  is  a  vagrant,  in- 
corrigible or  vicious  in  disposition  and  conduct,  and  that  his  par- 
ents, guardian  or  other  person  having  custody  or  authority  to 
control  him,  are  depraved  or  otherwise  unfit,  unwilling  or  unable  to 
exercise  care  and  discipline  over  such  minor. 

Third — By  the  several  courts  of  this  state,  as  provided  in  the 
next  section. 

Minors  Convicted  of  Crime. 

Sec.  242.  Whenever  any  boy  under  the  age  of  eighteen  years, 
shall  be  convicted  in  any  of  the  courts  of  this  state  of  a  felony  or  of 
a  misdemeanor,  punishable  by  imprisonment,  the  judge  of  said 
court  in  his  discretion,  and  with  reference  to  the  character  of  the 
reform  school  as  a  place  of  reform  and  not  of  punishment,  instead 
of  sentencing  said  minor  to  be  confined  in  the  penitentiary  or 
county  jail,  may  order  him  to  be  removed  to  and  confined  in  said 
reform  school,  to  remain  until  he  shall  have  arrived  at  the  age  of 
twenty-one  years,  unless  sooner  discharged  or  bound  as  an  appren- 
tice by  the  board  of  regents.Boys  under  eighteen  years  of  age,  con- 
victed in  any  of  the  courts  of  the  United  States  for  the  district  of 
West  Virginia,  of  any  offence  punishable  by  imprisonment,  may 
also  be  received  into  said  reform  school  under  such  regulations  and 
on  such  terms  as  to  maintenance  and  support  as  may  be  prescribed 
by  the  board  of  regents,  and  assented  to  by  the  proper  authority  of 
the  United  States. 

And  in  all  cases,  before  any  minor  is  transferred  to  said  reform 
school,  due  notice  shall  be  given  to  the  superintendent  and  an  an- 
swer received  from  him  that  there  is  room  in  the  reform  school  for 
such  minors. 


96  School  Law  of  "West  Virginia. 

Names  and  Residences  of  Witnesses  to  be  Annexed  to  Commit- 
ment. 

Sec.  243.  It  shall  be  the  duty  of  the  justice  of  the  peace  when 
committing  a  minor  to  said  reform  school  under  the  first  and  sec- 
ond clauses  of  section  two  hundred  and  forty-one  of  this  chapter  to 
annex  to  the  commitment  the  names  and  residences  of  the  different 
witnesses  examined  before  him,  and  the  substance  of  the  testi- 
mony given  by  them  respectively,  on  which  the  adjudication  was 
found. 

Guardian  ad  Litem — Trial  by  Jury — Appeal. 

Sec.  244.  In  all  proceedings  before  justices  of  the  peace  for 
commitment  of  minors  to  the  said  reform  school  under  the  first  and 
second  clauses  of  section  two  hundred  and  forty-one  of  this  chap- 
ter, the  justice  shall  appoint  some  discreet  and  disinterested  person 
guardian  ad  litem  for  the  said  minor,  and  see  that  no  injustice  is 
done  him ;  and  the  guardian  ad  litem  of  said  minor  shall  have  the 
right  to  demand  a  jury  of  twelve  men  to  try  the  truth  of  the 
charges  made  against  said  minor,  and  said  jury  shall  be  selected 
and  said  trial  shall  be  conducted  in  the  same  manner  as  provided 
by  law  for  the  trial  of  criminal  cases  before  a  justice  or  juries. 
And  said  guardian  ad  litem  of  said  minor  shall  have  the  right  of 
appeal  from  any  final  decision  rendered  against  said  minor  in  any 
proceeding,  whether  upon  a  trial  by  jury  or  otherwise,  as  is  pro- 
vided by  law  for  the  trial  of  criminal  cases  before  justices.  And 
said  guardian  ad  litem  of  said  minor  shall  have  the  right  of  ap- 
peal from  any  final  decision  rendered  against  said  minor  in  any 
proceeding,  whether  upon  a  trial  by  jury  or  otherwise,  as  is 
allowed  by  law  in  other  criminal  cases  tried  before  justices. 

White  and  Colored  Inmates  to  be  Kept  Separate. 

Sec.  245.  The  West  Virginia  Reform  School  shall  be  exclusively 
charged  with  the  reformation  and  care  of  male  minors,  and  white 
and  colored  inmates  shall  be  kept  separate. 

Binding  out  Inmates  as  Apprentices. 

Sec.  246.  The  board  of  regents  shall  have  the  power  to  bind 
out  male  children  committed  to  their  care,  with  the  consent  of 


School  Law  of  West  Virginia.  97 

such  children,  as  apprentices  during  their  minority,  to  suitable 
persons  in  or  out  of  this  state,  to  learn  some  proper  trade  and 
employment  and  the  indenture  by  which  said  children  shall  be 
bound,  shall  contain  the  covenants  and  provisions  prescribed  by 
chapter  eighty-one  of  the  code  of  West  Virginia,  relating  to  master 
and  apprentices,  and  all  the  provisions  of  said  chapter  shall  apply 
to  apprentices  bound  under  this  section,  so  far  as  applicable. 

Term  of  Confinement — Transfer  of  Inmates  to  or  from  Peniten- 
tiary— Remission  of  Penalty. 

Sec.  247.  Every  boy  sent  to  the  reform  school  shall  remain 
until  he  is  twenty-one  years  of  age,  unless  sooner  discharged  or 
bound  as  an  apprentice  by  the  board  of  regents;  but  no  boy  shall 
be  retained  after  he  has  been  reported  by  the  superintendent  and 
found  by  the  board  or  executive  committee  to  be  fully  reformed : 
provided  that  in  any  case  where  a  boy  is  committed  to  the  reform 
school  for  an  offense  punishable  by  confinement  in  the  peniten- 
tiary, and  is  found  by  the  board  of  regents  that  the  reform  school 
is  unable  to  benefit  such  boy,  and  that  his  presence  is  a  detriment 
or  menace  to  other  boys  in  the  institution  or  to  the  general  good 
of  the  school,  he  may  be  securely  returned  to  the  court  which 
sent  him,  and  said  court  shall  thereupon  pass  such  sentence  upon 
him  as  to  confinement  in  the  penitentiary  as  may  be  proper  in 
the  premises,  or  as  it  would  have  done  had  it  not  sentenced  him 
to  the  reform  school.  And  the  governor  shall  have  power,  when 
in  the  judgment  of  the  warden  of  the  penitentiary  and  the  super- 
intendent of  the  reform  school  it  is  advisable,  to  remit  the  penalty 
of  any  youthful  offender  under  the  age  of  sixteen  years,  con- 
fined in  the  penitentiary,  to  a  sentence  to  the  reform  school. 

Offenses  Against  Inmates — Penalty. 

Sec.  248.  If  any  person  shall  entice  or  attempt  to  entice  away 
from  the  reform  school  any  boy  legally  committed  to  the  same,  or 
shall  aid  or  abet  any  boy  to  escape  from  said  reform  school,  or 
shall  harbor,  conceal,  or  aid  or  abet  in  harboring  or  concealing, 
any  boy  who  shall  have  escaped  therefrom,  or  shall,  without  the 
permission  of  the  superintendent,  give,  or  aid  any  other  person 
to  give  any  boy  in  said  reform  school  whether  on  the  premises  of 
said  institution  or  not,  any  money  whatsoever,  or  shall  in  any  way 
cause  or  influence,  or  attempt  to  cause  or  influence  or  aid  or  ah't 


School  Law  of  West  Virginia. 

therein,  any  boy  in  said  reform  school  to  violate  any  rule  of 
the  institution,  or  to  rebel  against  the  government  of  said  school 
in  any  particular,  or  shall  receive  by  the  hands  of  any  such  boy 
any  thing  of  value,  whether  belonging  to  the  state  or  otherwise, 
such  person  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars,  or  be  confined  not  more  than  twelve  months 
in  the  county  jail,  or  both  fined  and  imprisoned  as  aforesaid,  as 
the  court   may  deem  proper. 

And  the  superintendent  or  any  of  the  assistants  or  any  one 
authorized  in  writing  by  him,  or  any  sheriff,  constable,  police- 
man or  other  officer,  shall  have  authority,  and  it  is  hereby  made 
his  duty  to  arrest  any  boy,  when  in  his  power  to  do  so,  who  shall 
have  escaped  from  said  school,  and  return  him  thereto. 

Compensation  of  Justices,  Jurors,  etc.,  in  Proceedings  for  Com- 
mitment. 

Sec.  249.  Justices,  constables  and  jurors  shall  receive  the  same 
fees  in  a  proceeding  for  committing  a  boy  to  the  reform  school 
as  are  allowed  by  law  for  similar  services  in  misdemeanor  cases, 
and  such  fee  shall  be  paid  in  like  manner  as  fees  of  such  officers 
and  persons  are  paid  in  misdemeanor  cases.  Any  officer  taking 
a  boy  to  the  reform  school  shall  be  allowed  five  cents  a  mile  for 
each  mile  necessarily  traveled  in  going  to  and  returning  from 
such  school,  and  in  addition  thereto,  the  amount  actually  expended 
by  him  for  the  transportation  of  such  boy,  which  shall  be  paid 
out  of  the  county  treasury. 

Payment  for  Support  of  Inmates. 

*<'<■.  250.  The  county  court  of  every  county  shall  pay  into  the 
state  treasury  the  sum  of  fifty  dollars  a  year  on  account  of  each 

inor  from  the  county  who  shall  be  received  in  said  school  of 
the  first,  second  and  third  classes  mentioned  in  section  two  hun- 
dred and  forty-one.  But  in  all  cases  of  minors  received  in  said 
I  of  the  first  class  mentioned  in  said  section,  the  parent,  if  of 
sufficient  .  or  the  guardian  if  the  minor  has  sufficient  estate, 

all  annually  reimburse  the  county  the  amount  so  paid  into  the 
state  treasury,  and  the  county  court  of  such  county  may  recover 
the  said  amount  from  such  parent  or  guardian  in  any  court  of 
petent  jurisdiction. 


School  Law  op  West  Virginia.  99 

List  of  Inmates — Charging  Maintenance  of  Inmates  to  Counties. 

Sec.  251.  The  superintendent  or  principal  of  said  school  shali 
before  the  tenth  of  January  in  each  year  make  out  and  certify  ti 
the  auditor  a  list  by  counties  of  all  such  minors  as  are  mentioned 
in  the  preceding  section,  who  are  kept  in  the  school  during  the 
preceding  year  or  any  part  of  it,  showing  as  to  each  minor  what 
part  of  the  year  he  was  so  kept  in  the  school,  and  to  which  class 
he  belonged.  On  receiving  such  list  the  auditor  shall  charge  to 
each  county  fifty  dollars  on  account  of  each  minor  who  was  kept 
in  such  school  during  the  preceding  year,  and  a  proportionate 
amount  on  account  of  each  minor  kept  in  school  for  any  part  of 
such  year  less  than  the  whole. 

Any  money  in  the  treasury  of  the  state  to  the  credit  of  any 
such  county  from  whatever  source  arising,  and  not  appropriated 
to  pay  any  other  debt  of  the  county  to  the  state,  shall  be  applied, 
so  far  as  necessary,  to  the  payment  of  the  same  so  charged;  if 
any  sum  in  the  treasury  due  the  county  shall  not  be  sufficient  to 
pay  the  whole  amount  so  charged  against  it,  such  sum  shall  be 
applied  as  a  credit  on  the  amount  charged,  and  the  balance  shall 
remain  as  a  charge  against  the  county. 

Statements. 

Sec.  252.  Within  ten  days  after  receiving  such  lists  the  auditor 
shall  certify  to  the  county  court  of  each  county  a  list  of  the  minors 
from  the  county  in  such  school,  stating  the  class  to  which  each 
belongs,  the  length  of  time  during  the  year  he  was  in  such  school 
as  shown  by  the  list  certified  by  the  principal  or  superintendent, 
and  the  amount  due  from  the  county  on  his  account  and  the  total 
amount  due  on  account  of  all.  He  shall  credit  on  such  statement 
wbatever  amount  has  been  applied  as  a  payment  thereon  from 
any  funds  of  the  county  in  the  treasury. 

Such  statement  shall  be  a  receipt  to  the  county  for  any  amount 
so  credited,  and  shall  be  a  bill  for  any  amount  still  appearing 
to  be  due  from  the  county.  Unless  the  bill  shall  have  been  paid 
by  the  application  of  funds  of  the  county  in  the  state  treasury, 
the  county  court  shall  at  its  next  levy  term  provide  for  the  pay- 
ment of  the  same,  or  such  part  as  may  not  have  been  paid,  and 
cause  the  amount  to  be  paid  into  the  state  treasury.  If  the  amount 
so  due  from  any  county  be  not  paid  in  a  reasonable  time  after 
such  levy  term,  the  auditor  may,  in  the  name  of  the  state,  apply 


100  School  Law  op  West  Virginia. 

to  the  circuit  court  of  the  county  for  a  mandamus  to  require  the 
,i\   court  to  provide  for  and  pay  the  same,  or  he  may  proceed 
in   the   name   of   the   state   by  any  other  appropriate  remedy  to 
recover  the  same. 

INDUSTRIAL  HOME   FOR  GIRLS. 

Location. 

Sec.  253.    "The  West  Virginia  Industrial  Home"  shall  remain 

whore  now  located. 

Regents. 

Sec.  254.  For  the  government  and  control  of  the  said  "The 
West  Virginia  Industrial  Home"  there  shall  be  a  board  of  regents 
consisting  of  six  persons  to  be  called  the  regents  of  the  West 
Virginia  Industrial  Home.  The  regents  now  in  office  shall  serve 
for  the  term  for  which  they  were  appointed  and  their  successors 
shall  be  appointed  as  follows:  On  or  before  March  thirty-one, 
nineteen  hundred  and  nine,  the  governor  by  and  with  the  con- 
sent of  the  senate  shall  appoint  two  regents  who  shall  serve  for 
a  term  of  four  years  and  until  their  successors  are  appointed  and 
qualified;  and  on  or  before  March  thirty-one,  nineteen  hundred 
and  eleven,  he  shall  appoint  four  regents  who  shall  serve  for  a 
like  term  of  four  years  and  until  their  successors  are  appointed 
arid  qualified.  No  two  of  the  regents  appointed  on  this  board 
shall  be  residents  of  the  same  senatorial  district.  The  governor 
may  fill  any  vacancy  occurring  during  the  recess  of  the  senate 
and  any  regent  thus  appointed  shall  serve  until  the  next  meeting 
of  the  senate. 

The  members  of  the  said  board  of  regents  shall  constitute  a 
corporation  under  the  name  of  "The  Regents  of  the  West  Virginia 
Industrial  Home,"  and  as  such  may  sue  and  be  sued,  contract 
and  be  contracted  with,  and  shall  have  a  common  seal.  They  shall 
have  authority  to  receive,  hold  and  convey  any  gift,  grant  or 
devise,  and  the  title  to  any  property  now  held  or  hereafter  ac- 
quired for  said  industrial  home  shall  be  vested  in  them. 

A  law  passed   1909  created  a  State  Board  of  Control  consisting  of  three  members  and 
a  State  Board  of   Regents  consisting  of  five  members  to  have  charge  of  all  state  institu- 
See  Appendix  A. 

Quorum. 
*Sec.  255.     The  board  of  regents  shall  biennially  choose  one  of 


Appendix  A. 


School  Law  of  West  Vieginia.  101 

their  number  president  of  the  board,  and  in  his  absence  shall 
choose  a  president  pro  tempore.  A  majority  of  the  board  shall 
constitute  a  quorum,  but  the  board  may,  in  its  discretion,  desig- 
nate business  of  a  nature  by  it  to  be  specified,  which  may  be  trans- 
acted by  a  stated  number  of  the  directors  less  than  a  quorum. 

Rules  and  Regulations. 

*Sec.  256.  The  board  of  regents  shall  make  such  by-laws,  ordin- 
ances, rules  and  regulations,  relative  to  the  management,  govern- 
ment, instruction,  discipline,  training,  employment  and  disposition 
of  the  girls  of  the  home,  not  contrary  to  law,  that  they  may  deem 
proper;  and  shall  appoint  such  officers,  agents  and  servants  as 
they  may  deem  necessary  to  transact  the  business  and  carry  on  the 
operation  of  said  home,  and  designate  their  duties  and  fix  their 
compensation;  but  all  the  officers,  agents  and  servants  for  the 
internal  management  shall  be  women.  The  board  shall  adopt  rules 
governing  the  transportation  of  minors  to  and  from  said  home. 

Report. 

*Sec.  257.  The  board  of  regents  shall  make  an  annual  report 
to  the  governor  of  all  their  transactions,  of  the  number  of  minors 
received  by  them  in  said  home,  the  disposition  which  shall  be  made 
of  such  minors,  by  instructing  or  employing  them  therein,  or  by 
binding  them  out  as  apprentices;  of  the  receipts  and  expenditures 
of  the  board,  and  generally  all  such  facts  and  particulars  as 
may  tend  to  exhibit  the  effect,  whether  beneficial  or  otherwise,  of 
said  home. 

Commitment  Papers. 

Sec.  258.  Girls  eligible  to  be  received  into  said  home  are  those 
who  are  from  seven  to  eighteen  years  of  age,  and  who  may  be 
committed  by  any  justice  of  the  peace  of  this  state,  on  complaint 
and  due  proof  made  to  him  by  the  parent,  guardian  or  next  friend 
of  such  girl,  that  by  reason  of  incorrigible  or  vicious  conduct,  such 
girl  has  rendered  her  control  beyond  the  power  of  such  parent, 
guardian  or  next  friend,  and  made  it  manifestly  best  that  such 
girl  should  be  placed  in  said  home;  or  by  any  criminal,  circuit  or 
intermediate  court  of  this  state.  Girls  may  be  so  committed  for 
vagrancy  up  to  eighteen  years  of  age,  or  where  parents,  guardians. 


*See  Appendix  A. 


10:2  School  Law  of  "West  Virginia. 

or  ii(  \t  Friends  agree  and  contract  with  the  board  of  regents  for 
their  support  and  maintenance,  or  girls  up  to  fifteen  years  of 
who  may  be  found  in  houses  of  ill  fame  or  assignation  houses, 
upon  conviction  thereof  before  any  justice  of  the  peace,  mayor 
of  a  town  or  city;  or  girls  convicted  by  any  of  the  courts  of  this 
slate  of  felony  or  misdemeanor,  punishable  by  imprisonment,  the 
judge  in  his  discretion,  instead  of  confining  such  girl  in  the  county 
jail  or  sending  her  to  the  penitentiary,  may  transfer  such  girl  so 
convicted  to  said  home,  from  any  county  of  this  state:  provided, 
there  is  room  there  for  such  girl.  Every  girl  committed  to  said 
home  shall  remain  there  until  she  is  twenty-one  years  of  age, 
unless  sooner  discharged  by  the  board  of  regents. 

Commitment. 

Sec.  259.  It  shall  be  the  duty  of  the  justice  of  the  peace,  mayor 
or  other  authority,  when  committing  any  girl  to  said  home,  in 
addition  to  the  commitment,  to  annex  the  name  and  residence  of 
the  witnesses  examined,  and  the  substance  of  the  testimony  given 
on  which  the  adjudication  was  founded,  as  well  as  the  name  and 
residence  of  the  girl,  the  name  of  her  parents,  and  their  residence, 
if  known.  Any  girl  who  may  be  found  incorrigible,  or  pregnant, 
or  otherwise  an  improper  subject  for  admission  to  said  institution, 
may  be  returned  by  the  board  of  regents  to  the  court,  justice  or 
other  authority  by  whom  she  was  committed,  and  thereupon  such 
court,  justice  or  other  authority,  shall  have  power  to  pass  sentence 
as  would  have  been  legal  in  the  first  instance,  as  if  such  girl  had 
not  been  sent  to  said  home. 

Guardian  ad  Litem. 

-  .  260.  In  all  cases  coming  before  a  justice,  mayor  or  other 
authority,  they  shall  appoint  a  guardian  ad  litem  for  such  girl, 
who  shall  be  some  disinterested  person,  discreet  and  careful,  and 
who  shall  see  that  no  injustice  is  done  the  girl;  and  he  shall  have 
the  right  to  demand  a  trial  for  his  ward  by  a  jury  of  twelve  men 
i<  , -■-.  i-tain  the  truth  of  the  charges  against  the  girl,  and  said 
jury  shall  he  selected,  and  trial  conducted,  as  other  trials  are 
conducted  by  justices  in  criminal  cases  before  them.  Or,  said 
justice  or  court  may,  without  a  jury,  try  such  girl,  if  no  jury  is 
demanded  by  her  guardian  or  next  friend. 


School  Law  of  West  Virginia.  103 

White  and  Colored  Inmates. 

Sec.  261.  The  said  industrial  home  shall  be  exclusively  charged 
with  the  reformation  and  care  of  girls,  but  white  and  colored  shall 
be  held  separate  as  far  as  practicable. 

Apprentices. 

*Sec.  262.  The  board  of  regents  shall  have  power  to  bind  out 
such  girls  as  committed  to  their  care  as  apprentices  to  the  time 
said  girls  shall  arrive  at  twenty-one  years  of  age,  to  learn  some 
proper  trade,  business  or  calling,  on  such  terms  as  will  be  advan- 
tageous to  such  girls ;  but  such  girls  so  bound  out,  are  to  be  bound 
only  to  those  whose  characters  are  above  reproach,  and  within 
the  state.  The  indentures  by  which  any  girl  may  be  so  bound 
shall  state  for  what  period  she  is  bound,  her  age,  what  trade,  art 
or  business  she  is  to  follow,  and  that  the  master  shall  see  that 
for  at  least  five  months  in  each  year  said  apprentice  shall  be  sent 
to  the  free  schools  of  the  state,  and  shall  be  bound  to  furnish 
school  books  requisite  to  learn  the  usual  branches  taught;  the 
amount  to  be  paid  said  child  for  each  year,  if  anything  above 
the  maintenance  of  said  child,  and  for  what  year  or  years,  and 
the  master  shall  bind  himself  with  good  security  to  pay  the  amount 
agreed  upon ;  which  sum  of  money,  if  any,  contracted  to  be  paid, 
shall  be  reserved,  to  be  paid  said  girl  or  girls  so  bound,  when  their 
apprenticeship  shall  cease,  with  interest,  and  said  board  shall  not 
bind  out  any  girl  under  the  provisions  of  this  act,  unless  the 
master  bind  himself  to  comply  with  the  condition  thereof,  and 
whatever  salary  said  master  shall  give,  shall  be  paid  to  the  board 
of  regents;  and  it  shall  be  the  duty  of  said  board  to  collect  the 
same  according  to  the  tenor  or  effect  of  such  contract,  and  turn 
the  same  over  to  the  girl  when  she  arrives  at  twenty-one  years  of 
age,  or  sooner  if  she  marries,  when  the  same  shall  be  turned  over 
to  her. 

Cruelty  to  Apprentices. 

Sec.  263.  For  cruelty  or  inhuman  treatment  by  such  master 
of  such  apprentice,  the  circuit  court  of  the  county  in  which  such 
master  or  apprentice  may  reside,  or  any  justice  of  the  peace  of 
any  such  county  shall  have  jurisdiction  to  try  same,  and  upon 
conviction  of  such  master  for  cruel  or  inhuman  treatment  of  such 
child,  such  master  shall  be  fined  not  less  than  ten  nor  more  than 


*See  Appendix  A. 


104  School  Law  of  West  Virginia. 

one  hundred  dollars,  and  may  in  addition  thereto  be  confined  in 
jail  not   to  exceed  ninety  days. 

Misdemeanor. 

See.  264.  No  master  can  remove  such  child  out  of  the  county 
where  she  has  been  bound  by  such  board,  except  on  the  written 
permit  of  such  board;  and  any  person  who  shall  aid  or  assist  any 
girl  who  has  been  committed  to  said  institution,  or  who  is  subject 
thereof,  to  escape  from  any  other  home  or  other  place  where  she 
has  been  placed  by  the  officers  of  the  said  institution,  or  who  shall 
aid  or  assist  any  such  girl  to  leave  this  state,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars,  and  any  justice  of 
the  county  wherein  such  offence  is  committed  shall  have  jurisdic- 
tion thereof. 

Desertion. 

Sec.  265.  The  circuit  court  of  the  county  shall  in  a  summary 
way  be  open  to  hear  any  complaint  of  such  master  against  his 
apprentice  or  to  said  apprentice  against  the  master,  and  shall 
make  such  order  in  relation  thereto  as  it  shall  deem  fair  and  right. 
Any  apprentice  who  shall  desert  the  service  of  such  master  shall 
receive  no  pay  (if  the  pay  exceed  the  maintenance),  while  such 
desertion  continues,  and  anyone  who  shall  knowingly  harbor  such 
apprentice  shall  be  liable  to  said  master  three  dollars  for  every 
day  such  harboring  or  concealing  such  apprentice  exists,  to  be 
recovered  before  any  court  having  jurisdiction. 

CONFLICTING  ACTS  REPEALED. 

Sec.  266.  All  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  chapter  are  hereby  repealed. 


APPENDIX  A. 


STATE  BOARD  OF  CONTROL  AND  STATE  BOARD  OF  REGENTS. 

Sec.  1.  There  is  hereby  created  a  state  board  of  control,  which 
shall  be  a  corporation  and  as  such  may  contract  and  be  contracted 
with,  plead  and  be  impleaded,  sue  and  be  sued,  and  have  and  use 
a  common  seal.  It  shall  consist  of  three  members,  chosen  from 
the  two  largest  political  parties,  who  shall  be  citizens  of  the  state, 
and  not  more  than  two  of  them  shall  belong  to  the  dominant  party. 
They  shall  be  appointed  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate.  The  members  first  appointed  shall  hold 
office  as  designated  by  the  governor,  for  two,  four  and  six  years, 
respectively,  beginning  the  first  day  of  July,  one  thousand  nine 
hundred  and  nine.  Subsequent  appointments  shall  be  made  as 
above  provided,  and  except,  to  fill  vacancies,  shall  be  for  a  period 
of  six  years.  The  board  shall  choose  one  of  its  members  to  be 
president  thereof.  The  governor  may  remove  any  member  for  in- 
competency, neglect  of  duty,  gross  immorality,  malfeasance  in 
office,  or  for  other  good  cause;  and  in  case  of  a  vacancy,  whether 
occurring  by  reason  of  removal  or  otherwise,  may  declare  the  office 
vacant,  and  fill  the  same  by  appointment  for  the  unexpired  term. 

The  salary  of  each  member  shall  be  five  thousand  dollars  a  year, 
each  shall  be  paid  his  actual  traveling  and  other  necessary  expenses 
when  his  official  duty  shall  cause  him  to  be  away  from  the  capitol, 
but  the  amount  of  traveling  expenses  in  any  one  year  for  all  the 
members  of  the  board,  shall  not  exceed  three  thousand  dollars,  ex- 
cept upon  written  order  of  the  governor. 

The  board  shall  be  provided  with  an  office  at  the  seat  of  govern- 
ment, and  with  such  furniture  and  clerical  assistance  as  shall  be 
necessary.  The  members  shall  give  their  entire  time  to  the  duties 
of  tbeir  office  and  shall  not  be  eligible  to  any  other  lucrative  office 
in  the  state  during  the  term  of  service  or  for  one  year  thereafter, 
or  to  any  position  in  any  state  institution  during  the  term  for 
which  he  was  appointed,  nor  within  one  year  after  his  term  shall 
have  expired. 

Sec.  2.  Before  any  expenses  of  any  member  of  the  board  of 
control  or  the  board  of  regents,  or  of  any  officer  or  agent  thereof, 


106  School  Law  OF  WEST  VIRGINIA. 

or  before  any  expenses  incurred  by  any  person  under  the  direction 
of  either  o\'  said  boards,  or  the  expenses  of  any  officer  or  employee 
of  any  institution  under  the  charge  of  said  boards,  shall  be  paid, 
a  full  written  statement  of  every  item  of  such  expenditure,  shall 
be  presented  to  the  auditor,  duly  verified,  which  verification  shall 
state  thai  the  expense  bill  is  just,  accurate  and  true,  and  is  claimed 
for  cash  expended  for  the  purposes  named  in  the  statement.  Un- 
less the  statement  is  so  verified  and  duly  audited,  payment  thereof 
shall  not  be  made. 

See.  3.  The  board  of  control  shall  have  full  power  to  manage, 
direct,  control,  and  govern  the  West  Virginia  asylum,  the  second 
hospital  for  the  insane,  the  West  Virginia  hospital  for  the  insane,  the 
West  Virginia  penitentiary,  the  West  Virginia  reform  school,  the 
West  Virginia  industrial  home  for  girls,  miners'  hospital  No.  1, 
miners'  hospital  No.  2,  miners'  hospital  No.  3,  and  the  schools  for 
the  deaf  and  the  blind  and  such  other  institutions,  except  educa- 
tional, as  may  hereafter  be  created  by  law. 

Sec.  4.  The  board  of  control  shall  have  charge  and  control  of 
the  financial  and  business  affairs  of  the  West  Virginia  university, 
of  the  preparatory  branches  of  the  university  at  Montgomery,  and 
at  Keyser,  of  the  state  normal  school  and  its  branches,  of  the  West 
Virginia  colored  instiute  and  of  the  Bluefield  colored  institute 
and  have  such  other  control  and  management  of  said  institutions  as 
are  in  this  act  provided. 

Sec.  5.  The  title  to  all  property  constituting  or  belonging  to  the 
several  institutions  named  in  sections  three  and  four  and  now  vest- 
ed in  the  several  boards  of  directors,  or  of  regents  thereof,  shall  be 
and  hereby  is  vested  in  said  board  of  control  on  and  after  July 
first,  one  thousand  nine  hundred  and  nine ;  and  the  several  boards 
now  charged  with  the  control  and  management  of  said  institutions 
shall  thereafter  have  no  further  legal  existence;  and  the  board  of 
control  is,  without  further  process  of  law,  authorized  and  directed 
then  to  assume  control  and  management  of  the  said  institutions 
-nKject  to  the  provisions  of  this  act. 

See.  6.  All  funds  and  moneys  belonging  to  the  state  which  shall 
come  under  the  control  or  in  the  possession  of  the  state  board  of 
control,  or  of  the  state  board  of  regents,  or  any  officer,  agent  or  board 
of  any  of  the  state  institutions  shall  be  paid  into  the  state  treasury 
on  the  last  day  of  each  month  and  be  reported  to  the  state  board 
of  control,  under  such  rules  and  regulations  as  it  may  prescribe. 
Whenever  the  appropriations  by  the  legislature  are  insufficient  to 


School  Law  of  West  Virginia.  107 

pay  the  expenses  of  conducting  any  of  said  institutions,  the  de- 
ficiency shall  be  certified  by  the  state  board  of  control  to  the  board 
of  public  works.  Such  certificate  shall  state  the  name  of  the 
institution,  the  items  and  amount  in  detail  certified  to  be  needed. 
and  the  board  of  public  works  may  direct  the  payment  of  the  same 
or  any  part  thereof  under  chapter  sixteen  of  the  acts  of  one  thous- 
and nine  hundred  and  four. 

See.  7.  The  board  of  control  shall  appoint  a  competent  secre- 
tary and  such  other  clerical  assistants  as  may  be  necessary  to  the 
proper  conduct  of  its  business.  The  salaries  or  compensation  of 
the  employees  of  the  board  shall  be  fixed  by  it,  but  no  salary  or 
compensation  shall  be  increasel  to  exceed  the  amount  appro- 
priated by  the  legislature  to  pay  the  same.  The  board  shall  cause 
to  be  kept  at  its  office  a  proper  and  complete  set  of  books  and 
accounts  with  each  institution,  which  shall  clearly  show  every  ex- 
penditure authorized  and  made  thereat.  The  said  books  shall 
exhibit  an  account  of  all  appropriations  made  by  the  legislature 
concerning  any  institution  named  in  sections  three  and  four,  and 
of  all  other  funds  under  the  control  of  the  board.  It  shall,  in 
conjunction  with  and  subject  to  the  approval  of  the  chief  in- 
spector of  public  accounting,  prescribe  the  form  of  vouchers,  rec- 
ords and  methods  of  keeping  accounts  at  and  by  each  of  the  institu- 
tions named  in  sections  three  and  four,  such  vouchers,  records  and 
methods  of  accounts  of  the  institutions  shall  be  as  nearly  uni- 
form as  possible.  The  board,  or  any  member  thereof,  shall  have 
the  power  to  investigate  the  conditions  of  and  to  examine  and 
check  the  records  of  any  of  said  institutions  at  any  time.  The 
board  shall  also  have  the  power  to  authorize  any  of  its  members 
or  officers,  its  book  keeper  and  accountant,  or  any  other  employee, 
to  proceed  to  any  of  the  said  institutions,  and  to  examine  and  check 
the  records,  take  inventory  of  the  property  thereof,  or  any  of  its 
departments,  or  for  any  other  purpose  the  board  may  deem  neces- 
sary. Any  person  doing  such  work  shall  receive,  in  addition  to 
regular  compensation,  pay  for  actual  expenses  incurred  thereby, 
such  expenses  to  be  paid  in  the  manner  hereinbefore  provided. 
Upon  the  completion  of  any  such  special  work  the  board  shall  cause 
a  full  and  complete  written  report  of  the  same  to  be  made  to  it  as 
soon  as  practicable. 

Sec.  8.  It  shall  be  the  duty  of  the  board  of  control  to  visit  at 
least  once  each  six  months,  each  of  the  institutions  named  in  sec- 
tion tbree  and  visit  each  of  the  institutions  named  in  section  four 


108  School  Law  of  West  Virginia. 

as  often  as  may  be  necessary,  at  which  time  meeting  of  the 
board  shall  be  regularly  held  at  the  institution.  During  each 
siuh  visitation  the  board  shall  thoroughly  inspect  all  the  depart- 
ments o(  the  institution  and  investigate  the  -financial  condition 
and  management  thereof.  For  the  purpose  of  aiding  in  any  in- 
vestigation, the  hoard  shall  have  the  power  to  summon  and  com- 
pel the  attendance  of  witnesses,  to  be  examined  under  oath,  which 
any  member  shall  have  the  power  to  administer.  The  board  shall 
also  have  access  to  all  books,  papers  and  property  material  to  any 
investigation,  and  may  order  the  production  of  any  books,  papers  or 
property  material  thereto.  Witnesses,  other  than  employees  of 
the  state,  shall  be  entitled  to  the  same  fees  as  in  civil  cases  in  the 
circuit  court.  It  shall  be  the  duty  of  the  board  to  cause  the  testi- 
mony taken  to  be  transcribed  and  filed  in  the  office  of  the  board 
within  ten  days  after  the  same  is  taken,  or  as  soon  thereafter  as 
practicable.  Any  person  refusing  or  failing  to  obey  the  orders  of 
the  board,  issued  under  the  provisions  of  this  section,  or  to  give  or 
produce  evidence  required,  shall  be  reported  by  the  board  to  the 
proper  circuit  court  or  any  judge  thereof,  and  shall  be  dealt  with 
by  the  court  as  for  contempt.  It  shall  be  the  duty  of  the  board 
to  cause  each  institution  named  in  section  three  to  be  visited  by 
one  or  more  members,  as  the  case  may  seem  to  require,  each  month. 
The  members  shall  alternate  in  their  monthly  visits  of  inspection. 

Sec.  9.  The  governor  shall,  by  and  with  the  advice  and  consent 
of  the  senate,  appoint  a  superintendent  for  the  West  Virginia 
asylum,  superintendent  for  the  second  hospital  for  the  insane,  a 
superintendent  for  the  West  Virginia  hospital  for  the  insane,  a 
warden  for  the  penitentiary,  a  superintendent  for  the  West  Vir- 
ginia reform  school,  a  superintendent  for  the  West  Virginia  indus- 
trial home  for  girls,  a  superintendent  for  miners'  hospital  No.  1, 
a  superintendent  for  miners'  hospital  No.  2,  a  superintendent  for 
miners'  hospital  No.  3,  and  a  superintendent  for  the  schools  for  the 
deaf  and  blind.  The  governor  may  remove  any  superintendent 
or  warden  for  incompetenej',  neglect  of  duty,  gross  immorality, 
malfeasance  in  office,  or  for  other  good  cause,  and  in  case  of  va- 
cancy, whether  occurring  by  reason  of  removal  or  otherwise,  may 
declare  the  office  vacant  and  fill  the  same  by  appointment  for  the 
unexpired  term.  The  superintendent  of  each  institution  and  the 
warden  of  the  penitentiary  shall  have  the  power  to  appoint  all  as- 

itants  and  employees  required  for  the  management  of  the  in- 
stitution in  his  charge,  the  number  of  said  assistants  and  employees, 


School  Law  of  West  Virginia.  109' 

and  their  compensation,  to  be  first  fixed  by  the  state  board  of  con- 
trol. The  superintendent  of  any  institution  and  the  warden  of  the 
penitentiary  may,  at  his  pleasure,  discharge  any  person  therein 
employed.  It  shall  be  the  duty  of  the  board  to  investigate  any 
complaint  made  against  the  chief  executive  officer  of  any  institution 
and  also  against  any  other  officer  or  employee  thereof,  if  the 
same  has  not  been  investigated.  The  board  shall  have  the  power 
to  recommend  to  the  governor  the  removal  of  any  such  chief  execu- 
tive officer  or  other  officer  setting  forth  in  such  recommenda- 
tion the  reasons  for  the  same.  The  board  shall  fix  the  salaries  or 
compensation  of  the  officers  and  employees  of  the  institutions 
named  in  section  three  on  or  before  the  first  day  of  July  of  each 
year,  to  be  paid  during  the  year  to  commence  July  first,  and  no 
change  shall  be  made  therein  excepting  at  the  time  prescribed  in 
this  section.  The  salaries  or  compensation  of  all  officers  and  em- 
ployees of  the  several  institutions  named  in  sections  three  and  four 
shall  be  paid  monthly,  to  include  the  last  day  of  each  month. 

The  chief  officer  of  each  of  the  institutions  named  in  section  three 
shall  be  furnished  quarters,  household  furniture,  board,  fuel  and 
light  for  himself  and  his  family;  quarters,  household  furniture, 
board,  fuel  and  light  shall  be  furnished  to  such  other  officers  as  is 
made  necessary  by  the  character  of  their  service,  and  the  board  of 
control  shall  designate  those  who  shall  receive  the  foregoing  in 
addition  to  their  salary. 

Sec.  10.  The  board  is  authorized  to  make  rules  for  the  proper 
execution  of  its  duties  and  powers.  It  shall  also  have  the  power 
to  adopt  rules  and  regulations  for  the  government  of  the  institu- 
tions, named  in  sections  three  and  four,  and  shall  therein  prescribe, 
consistent  with  the  provisions  of  this  act,  the  duties  of  the  persons 
connected  with  the  management  of  the  said  institutions. 

Sec.  11.  The  board  of  control  is  hereby  empowered  and  re- 
quired to  purchase  all  supplies  needed  for  the  proper  support  and 
maintenance  of  the  institutions  named  in  sections  three  and  four. 
Such  supplies  shall  be  purchased  whenever  practicable  under  con- 
tract, notice  of  the  same  to  be  published  in  at  least  two  newspapers 
of  general  circulation  in  the  state  for  not  less  than  two  weeks  prior 
to  the  award  being  made,  and  printed  notice  shall  be  sent  to  every 
dealer  who  has  requested  his  name  to  be  placed  upon  the  mailing 
list.  The  contract  shall  be  awarded  to  the  lowest  responsible  bid- 
der if  the  price  be  a  fair  and  reasonable  one  and  not  greater  than 
the  market  value  and  price.     The  board  is  authorized  to  require 


lit)  School  Law  op  West  Virginia. 

such  securities  as  it  may  deem  proper  to  accompany  the  bids  sub- 
mitted,  and  shall  also  fix  the  amount  of  the  bond  or  other  security 
that  shall  be  furnished  by  the  person,  firm  or  corporation  to  whom 
the  contrad  for  any  supplies  is  awarded.  The  board  shall  have 
the  power  to  reject  any  and  all  bids  submitted  if  for  any  reason  it 
is  deemed  to  the  best  interests  of  the  state  to  do  so,  and  to  re- 
advertise  in  accordance  with  the  provisions  of  this  section.  The 
boards  may  determine  the  kind  and  character  of  animals  to  be 
slaughtered  for  meats  for  use  in  the  several  institutions  under 
their  control  and  it  shall  make  such  rules  and  regulations  as  may 
be  necessary  for  the  inspection  of  meats,  poultry,  bread  and  other 
supplies  intended  for  use  in  any  of  the  said  institutions.  In 
accepting  bids  for  supplies  preference  shall  be  given  to  citizens  of 
this  state,  other  things  being  equal.  Whenever  the  board  shall  fail 
to  make  contracts  for  supplies  the  same  may  be  purchased  by  the 
chief  officer  in  charge  of  an  institution,  under  such  rules  and  regu- 
lations as  shall  be  prescribed  by  the  board  of  control.  It  shall  be 
the  duty  of  the  chief  officer  of  each  institution  named  in  sections 
three  and  four  to  cause  to  be  prepared  estimates  of  supplies  re- 
quired for  the  proper  conduct  and  maintenance  of  the  institution 
under  his  charge,  covering  periods  to  be  fixed  by  the  board  of  con- 
trol, and  to  forward  the  same  to  the  board  in  accordance  with  its 
directions.  No  member  or  officer  of  the  board  of  control,  or  of  the 
state  board  of  regents,  and  no  person  in  their  employ,  and  no  officer 
or  employee  of  any  state  institution  shall  be  directly  or  indirectly 
interested  in  the  purchase  of  supplies,  or  in  any  supplies  purchased, 
nor  in  any  contract,  agreement  or  undertaking  entered  into  by  and 
for  any  of  said  institutions;  and  if  he  be  so  interested  he  shall 
forfeit  his  office,  such  contract  shall  be  void,  and  such  person 
shall  be  liable  to  the  state  upon  his  official  bond  for  all  damages. 
No  member  of  said  boards,  no  officer,  agent  or  employee  thereof, 
and  no  officer  of  any  institution  under  their  charge,  shall  directly 
or  indirectly  for  himself  or  for  another,  or  for  any  such  insti- 
tution, receive  or  accept  any  gift  or  gratuity  or  thing  of  value 
from  any  dealer  in  goods,  merchandise  or  supplies  which  are  or 
may  be  used  in  such  institutions,  or  from  any  person,  firm  or  cor- 
•ation  who  are  or  may  be  interested  in  any  contract  with  such 
rd  for  or  on  account  of  the  state.  Any  violation  of  this  section 
11  be  a  misdemeanor,  and  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars. 

Sec.  12.     The  power  is  vested  in  the  board  of  control  to  employ 


School  Law  of  West  Virginia.  Ill 

the  services  of  competent  architects  for  the  preparation  of  plans 
and  specifications  for  all  new  buildings  hereafter  to  be  built  by  the 
state,  or  for  the  remodeling  or  the  construction  of  additions  to 
buildings  now  existing  or  hereafter  built;  to  employ  competent 
persons  to  superintend  the  construction  of  new  buildings  or  addi- 
tions or  repairs  to  old  ones,  to  call  for  bids  and  award  contracts  for 
the  erection  of  new  buildings;  provided,  that  no  plans  and  spe- 
cifications shall  be  accepted  and  no  contract  shall  be  awarded  for 
the  erection  of  a  new  building,  or  material  addition  thereto,  until 
after  the  same  has  been  submitted  to  and  approved  by  the  board  of 
public  works.  The  board  of  control  shall  have  the  right  to  proceed 
with  the  erection  of  any  new  building,  or  the  repairs  of,  or  changes 
in  or  additions  to  any  buildings  already  constructed  by  employing 
thereon  the  labor  of  inmates  of  institutions  when  in  their  judg- 
ment it  is  proper  to  do  so,  under  such  arrangements  as  can  be  made 
with  contractors  for  the  performance  of  such  work. 

Sec.  13.  The  state  board  of  control  shall  prescribe  the  records 
to  be  kept  for  statistical  and  other  purposes  in  the  several  institu- 
tions named  in  sections  three  and  four.  It  shall  require  a  copy  of 
such  record  to  be  transmitted  to  it  for  the  preceding  month,  and 
the  board  shall  keep  in  its  office  in  a  substantially  bound  book  a 
copy  of  every  report  that  they  may  require  from  the  chief  officers 
of  any  institution ;  and  shall  have  authority  to  assemble  the  chief 
officers  of  the  institutions  or  any  of  them  at  its  office,  for  the  pur- 
pose of  discussing  any  question  which  may  be  common  to  their 
welfare.  The  actual  expenses  made  necessary  in  traveling  to  and 
from  such  meeting  and  while  upon  its  attendance,  shall  be  paid  out 
of  the  contingent  fund  of  the  several  institutions.  All  1  tills  on 
account  of  such  expenses  shall  be  made  and  paid  as  provided  in 
section  two  of  this  act. 

Sec.  14.  On  the  first  day  of  October,  one  thousand  nine  hundred 
and  ten,  or  as  soon  thereafter  as  practicable,  and  biennially  there- 
after, the  board  of  control  shall  file  with  the  governor  a  full  report 
of  all  matters  herein  prescribed,  showing  the  condition  of  all  the 
institutions  under  its  control,  the  cost  of  conducting  the  same  dur- 
ing the  period  covered  by  the  report,  naming  the  buildings  con- 
tracted to  be  erected,  at  what  points,  for  what  purposes  the  con- 
tract price  and  the  condition  of  construction,  and  shall  also  in- 
clude therein  a  statement  of  the  work  and  expenses  of  the  board. 
It  shall  also  incorporate  in  its  report  suggestions  respecting  loLiisln- 
tion  for  the  benefit  of  the  several  institutions  under  its  care,  and 


1 1 2  School  Law  of  West  Virginia. 

shall  make  estimates  of  appropriations,  which  in  its  opinion  are 
necessary  for  the  maintenance  and  other  expenses  of  the  institu- 
tions and  for  buildings,  betterments  and  other  improvements.  The 
said  report  shall  also  contain  such  portions  of  the  biennial  reports 
made  by  the  chief  officers  of  the  several  institutions  to  the  board 
as  it  may  deem  proper,  also  statement  showing  the  dates  of  visita- 
tion made  by  the  board  or  by  any  member  thereof  to  the  several 
institutions.  In  its  report  shall  be  included  an  itemized  state- 
ment of  the  expenses  of  the  board  and  such  other  matters  as  it  may 
deem  pertinent.  There  shall  also  be  published  in  the  report  full 
and  complete  lists  of  the  officers  and  employees  of  the  board  and  of 
the  institutions  named  in  sections  three  and  four,  showing  the 
annual  salary  paid  and  perquisites  allowed  each  officer  or  employee. 
The  governor  is  hereby  empowered  to  call  upon  the  said  board  for 
any  special  report  or  information  relative  to  any  matter  coming 
within  its  authority.  The  governor  may  direct  the  said  board  to 
make  any  special  investigation  into  and  report  upon  any  matter 
connected  with  any  state  institution. 

Sec.  15.  The  board  of  control  is  hereby  empowered  to  accept 
any  gift  or  devise  of  any  property  or  thing  which  lawfully  may 
be  given.  If  such  gift  or  devise  is  to  any  particular  institution 
named  in  sections  three  and  four,  whatever  profits  shall  arise  from 
its  use  or  investment,  shall  be  paid  into  the  state  treasury  for  the 
use  and  benefit  of  the  said  institution  and  the  board  is  hereby  in- 
vested with  the  title  to  the  property  which  is,  or  may  be  subject  of 
such  gift  or  devise. 

Sec.  16.  The  board  of  control  shall  have  charge  and  control  of 
the  insurance  of  all  buildings  and  property  of  the  state  and  shall 
keep  the  same  properly  insured  against  loss  by  fire,  by  explosion  of 
steam  boilers  and  the  like ;  but  the  insurance  of  the  property  of  the 
state  at  the  seat  of  government  shall  be  first  authorized  by  the  board 
of  public  works.  The  board  of  control  shall  keep  a  record  of  all 
such  insurance  which  shall  show  the  name  of  each  insurance  com- 
pany, the  number,  date  and  amount  of  insurance  of  each  policy 
written  by  it,  the  rate  of  premium,  the  building  or  other  property 
on  which  insurance  is  placed,  the  period  for  which  written  and  the 
date  of  its  expiration;  and  the  amount  of  insurance  upon  each 
building  and  such  other  matters  as  the  board  may  deem  pertinent, 
e.  17.  There  is  hereby  created  a  state  board  of  regents  which 
shall  be  a  corporation,  and  as  such  may  contract  and  be  contracted 
with,  plead  and  be  impleaded,  sue  and  be  sued,  and  have  and  use  a 


School  Law  op  West  Virginia.  113 

common  seal.  It  shall  consist  of  five  members  including  the  state 
superintendent  of  free  schools,  who  shall  be  citizens  of  the  state, 
and  who  shall  be  chosen  from  the  two  largest  political  parties  and 
not  more  than  three  members  shall  belong  to  the  dominant  political 
party.  On  or  before  the  first  day  of  July,  one  thousand  nine  hun- 
dred and  nine,  the  governor  shall  appoint,  by  and  with  the  advice 
and  consent  of  the  senate,  four  of  said  regents,  one  for  one  year, 
and  one  for  two  years,  one  for  three  years  and  one  for  four  years, 
and  thereafter  one  each  year  for  the  full  term  of  four  years.  The 
board  shall  .choose  one  of  its  members  to  be  president  thereof.  The 
governor  may  remove  any  member  of  the  board  for  incompetency, 
neglect  of  duty,  gross  immorality,  malfeasance  in  office,  or  for  oth- 
er good  cause,  and  in  case  of  vacancy,  whether  occurring  by  reason 
of  removal  or  otherwise,  may  declare  the  office  vacant  and  fill  the 
same  by  appointment  for  the  unexpired  term.  The  salary  of  each 
member  of  said  board,  except  the  state  superintendent  of  schools, 
shall  be  one  thousand  dollars  a  year  and  in  addition  thereto  he 
shall  be  paid  his  actual  expenses  while  so  employed,  but  the  state 
superintendent  shall  be  allowed  only  his  necessary  expenses  while 
serving  as  a  regent  and  shall  receive  no  per  diem.  A  verified  item- 
ized statement  of  their  expenses  shall  be  filed  with  the  state  auditor 
to  be  audited  by  him  before  payment  therefor,  and  hereinbefore 
provided.  The  board  may  employ  a  secretary  and  fix  his  compen- 
sation. •  . 
Sec.  18.  The  state  board  of  regents  shall  have  control  of  the 
educational  departments  of  the  several  institutions  named  in  sec- 
tion four,  on  and  after  July  first,  one  thousand  nine  hundred  ami 
nine,  and  the  several  boards  of  regents  now  in  charge  of  said  in- 
stitutions shall  have  no  legal  existence  after  that  date.  The  state 
board  of  regents  shall  have  authority  to  employ  the  head  teacher 
or  president  of  the  university,  the  head  teacher  or  superintendent 
of  each  of  the  other  of  said  institutions,  and  the  professors,  other 
teachers  and  other  employees  of  such  institutions.  They  shall  fix 
the  compensation  of  such  president,  superintendents,  professors, 
teachers  and  employees,  but  such  compensation  and  the  number  of 
employees,  shall  be  subject  to  the  confirmation  of  the  board  of 
control ;  or  if  the  board  of  control  shall  before  the  beginning  of  any 
year  fix  the  total  amount  that  shall  be  paid  for  the  year  in  compen- 
sation to  such  president,  superintendents,  professors  and  teachers 
and  employees,  then  the  board  of  regents  shall  fix  their  respective 
salaries  or  compensation,  but  the  aggregate  thereof  shall  not  exceed 


ill  School  Law  of  West  Virginia. 

the  amount  fixed  by  the  board  of  control  and  in  no  case  shall  the 
amount  fixed  exceed  the  appropriation  made  for  the  purpose  by  the 
legislature. 

All  rights  and  duties  heretofore  belonging  to  the  boards  of 
regents  of  the  institutions  named  in  section  four,  which  are  not 
in  conflicl  with  the  provisions  of  this  act,  are  hereby  given  to  the 
board  of  regents  hereby  created. 

Sec.  19.  The  state  board  of  regents  shall  have  authority  in 
consultation  with  the  head  teacher,  and  professors  and  other  teach- 
ers in  each  institution  named  in  section  four,  to  prescribe  the  cur- 
riculum or  course  of  study  to  be  pursued  therein,  and  prescribe  the 
text  books  to  be  used.  The  said  board  may  make  out  and  publish 
rules  and  regulations  to  be  observed  by  all  of  said  institutions,  and 
separate  rules  and  regulations  for  any  one  of  them.  The  board  of 
regents  shall  also  from  time  to  time  establish  such  departments  of 
education  in  literature,  science,  art,  agriculture,  military  tactics, 
and  other  departments  as  they  may  deem  expedient,  and  as  the 
funds  for  such  purposes  may  warrant,  and  as  the  law  may  permit; 
also  fix  the  tuition,  fees  and  charges  for  attending  and  receiving 
instructions  in  any  of  said  departments.  The  state  board  of  re- 
gents shall  meet  with  the  state  board  of  control  whenever  the  state 
board  of  control  shall  notify  them  of  such  meeting. 

Sec.  20.  On  the  first  day  of  October,  one  thousand  nine  hundred 
and  ten,  or  as  soon  thereafter  as  practicable,  and  annually  there- 
after, the  state  board  of  regents  shall  make  to  the  governor  a  full 
report  (a  copy  whereof  shall  be  filed  with  the  state  board  of  con- 
trol at  the  same  time)  which  shall  show  their  transactions  for  the 
period  covered  by  the  report,  the  date,  place  and  duration  of  each 
of  their  meetings;  the  amounts  paid  to  each  member  of  the  board 
for  compensation  and  expenses  separately;  the  number  of  persons 
employed  about  each  of  their  said  institutions;  the  official  designa- 
tion of  each  of  such  persons,  and  the  amount  and  rate  of  compensa- 
tion paid  to  him;  and  shall  report  the  amount  disbursed  by  them 
of  any  funds  under  their  control,  stating  the  purposes  for  which 
expended  and  the  amount  expended  for  each  purpose,  and  the 
number  of  days  actually  engaged  by  the  persons  employed  about 
each  of  their  said  institutions,  including  teachers  and  professors. 
Said  report  shall  also  show  the  number  of  students  actually  attend- 
ing each  day  at  each  of  said  institutions,  and  the  number  of  stu- 
dents enrolled  in  each  school  or  department  of  each  of  said  institu- 
tions, and  the  total  cost  of  each  of  said  schools  or  departments. 


School  Law  of  West  Virginia.  115 

They  shall  furnish  to  the  state  superintendent  of  free  schools  all 
data  which  he  may  request  They  shall  make  special  reports  to  the 
governor  as  he  may  request ;  and  may  in  their  report  make  recom- 
mendations respecting  legislation  needed  to  promote  the  welfare  of 
their  institutions. 

Sec.  21.  The  state  board  of  control  and  the  state  board  of  re- 
gents shall  from  time  to  time  as  may  be  necessary,  make  a  report 
to  the  auditor,  which  shall  state  the  names  of  each  person  employed 
by  each  of  them  at  any  of  the  institutions  named  in  sections  three 
and  four,  his  official  designation  and  the  rate  of  compensation  per 
month  (or  by  the  day  or  week  if  employed  for  less  than  a  month) 
and  out  of  what  funds  or  appropriation  the  same  is  payable.  The 
chief  officer  or  head  teacher  of  any  such  institution,  or  other  person 
who  may  have  been  appointed  for  the  purpose  by  the  state  board 
of  control,  shall  make  out  and  certify  to  the  auditor  at  the  end  of 
each  month  a  list  of  persons  to  whom  any  payments  may  be  due, 
stating  for  what  purpose  due,  the  amount  due  each  person  and  thj 
fund  or  appropriation  from  which  payable ;  one  copy  whereof  shall 
be  filed  in  the  office  of  the  institution  where  made,  and  one  in  the 
office  of  the  state  board  of  control.  If  the  auditor  finds  such  list  cor- 
rect and  in  accordance  with  the  reports  made  to  him  by  the  state 
board  of  control,  or  the  state  board  of  regents,  he  may  pay  to  the 
persons  entitled  thereto  the  amounts  so  certified  as  due  each. 

Sec.  22.  The  governor  may  require  the  state  board  of  control 
or  the  state  board  of  regents  to  perform  any  duty  or  work  per- 
taining to  the  management  and  control  of  any  of  the  institutions 
named  in  sections  three  and  four  and  consistent  with  the  object  of 
this  act. 

Sec.  23.  All  legal  rights  which  may  now  belong  to  or  which 
would  have  accrued  to  any  board  of  regents  or  of  directors  of  the 
institutions  named  in  sections  three  and  four,  shall  belong  and  ac- 
crue to  the  state  board  of  control  on  and  after  July  first,  one 
thousand  nine  hundred  and  nine ;  and  nothing  in  this  act  contained 
shall  be  construed  as  affecting  any  such  rights  but  the  same  shall 
be  vested  in,  and  may  be  exercised  by  said  state  board  of  control, 
on  and  after  said  date  as  fully  as  the  same  might  have  been  exer- 
cised by  any  such  board  of  regents  or  of  directors,  if  this  act  had 
not  become  law.  And  all  obligations  and  liabilities  legally  in- 
curred by  any  of  said  board  of  regents  or  board  of  directors  of 
any  such  institutions  shall  be  assumed  by  said  board  of  control. 
Sec.  24.     Before  any  member  of  this  board  shall  enter  upon  the 


116  aooL  Law  of  West  Virginia. 

discharge  of  his  duties  lie  shall  take  an  oath  to  support  the  consti- 
tution of  the  United  States  and  the  state  of  West  Virginia,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  his  office  and  enter 
a  bond  in  a  sum  of  not  less  than  twenty- live  thousand  dollars, 
approved  by  the  hoard  of  public  works. 
Sec.  25.     All  acts  and  parts  of  acts  coming  within  the  purview 
of  this  act  and  inconsistent  therewith,  are  hereby  repealed. 

ADOPTION   OF   TEXT   HOOKS. 

Sec.  1.  There  is  hereby  created  a  state  school  book  commission, 
which  shall  consist  of  the  state  superintendent  of  free  schools,  who 
shall  be  ex-officio  secretary,  and  eight  citizens  of  the  state  at 
live  of  whom  shall  be  experienced  educators  of  known  char- 
acter and  ability,  and  who  are  at  the  time  of  their  appointment 
engaged  in  actual  educational  work,  not  more  than  five  of  whom 
shall  belong  to  the  same  political  party,  who  shall  be  appointed 
by  the  governor  on  or  before  the  1st  day  of  April,  1912,  and  ev- 
ery  fifth  year  thereafter;  said  appointees  shall  take  office  thirty 
days  after  their  appointments  and  serve  for  five  years,  unless  re- 
moved by  the  governor  for  good  and  sufficient  cause.  Vacancies 
on  said  commission  shall  be  filled  by  the  govenor  by  appoint- 
ment. Said  appointees  shall  receive  five  dollars  per  day  for  each 
and  every  day  actually  engaged  in  the  work  of  the  commission, 
not  exceeding  ten  days  in  any  one  year,  and  their  actual  neces- 
sary expenses  in  connection  therewith.  Before  assuming  the 
duties  of  office  they  shall  each  take  an  oath  or  affirmation  before 
some  one  qualified  by  law  to  administer  the  same,  to  faithfully 
and  honestly  perform  their  duties  as  hereinafter  prescribed  to 
the  best  of  their  ability,  and  that  they  are  in  no  way  interested 
in  the  preparation,  manufacture  or  sale  of  any  text-books  that 
may  be  submitted  to  said  commission  for  consideration.  Such 
oath  or  affirmation  shall  be  filed  in  the  office  of  the  state  super- 
intendent of  free  schools. 

:.  2.  Tt  shall  he  the  duty  of  the  state  superintendent  of  free 
schools  during  the  month  of  April,  1911,  to  contract  for  the 
period  of  one  year  from  July  1st  following,  with  the  publishers 
thereof,  for  such  text-books  as  are  now  in  use,  and  for  which 
county  contracts  will  expire  June  30,  1911,  said  contracts  to  be 
made  upon  the  same  terms  and  conditions  as  are  contained  in  the 
iounty  contracts. 


School  Law  of  West  Virginia.  117 

Sec.  3.  The  members  of  the  state  school  book  commission  shall 
meet  at  the  office  of  the  state  superintendent  of  free  schools  on 
the  first  Tuesday  in  May,  1912,  and  each  fifth  year  thereafter,  at 
which  time  they  shall  ask  various  publishers  of  text-books  in  the 
United  States  to  submit  samples  and  prices  of  text-books  on  all 
subjects  required  to  be  taught  in  the  free  schools  of  the  state, 
viz :  spelling,  reading,  writing,  arithmetic,  language  and  gram- 
mar, physiology  and  hygiene,  civil  government,  state  history, 
United  States  history,  general  history,  book-keeping,  geography, 
elementary  algebra,  plane  geometry,  elements  of  agriculture, 
literature,  drawing  and  English  dictionaries  and  such  other  sub- 
jects which  from  time  to  time  in  the  judgment  of  the  board,  seems 
necessary  and  best  to  serve  the  educational  interests  of  the  state. 
The  said  commission  shall  select  one  of  its  members  as  chairman, 
and  it  shall  be  his  duty  to  preside  at  all  meetings.  All  bids  or 
proposals  shall  be  under  seal,  and  submitted  to  the  chairman  of 
said  commission  to  be  opened  by  him  in  the  presence  of  said  com- 
mission at  an  executive  session  to  be  held  at  the  place  aforesaid, 
on  the  first  Tuesday  in  June  following.  Each  bid  or  proposal 
shall  be  accompanied  by  a  sufficient  number  of  specimen  copies 
of  all  books  offered  for  adoption,  to  supply  each  member  of  said 
commission.  When  said  bids  and  sample  copies  are  submitted 
to  the  chairman  of  said  commission,  each  bidder  shall  deposit 
with  the  state  treasurer  such  sum  of  money  as  said  commission 
shall  designate ;  such  deposit  to  be  not  less  than  one  thousand 
dollars  nor  more  than  three  thousand  dollars,  according  to  the 
number  of  books  each  bidder  may  propose  to  supply.  Such  de- 
posit of  any  bidder  shall  be  forfeited  to  the  school  fund  of  the 
state,  if  such  bidder  shall  fail  or  refuse  to  make  and  execute  such 
contract  and  bond  as  are  hereinafter  required,  in  case  of  the  ac- 
ceptance of  such  bid  or  any  or  all  of  the  books  so  offered.  No  bid 
or  proposal  is  to  be  considered  by  said  commission  until  such  de- 
posit is  made,  and  until  the  commission  is  informed  in  writing 
of  the  name  and  address  of  an  agent  residing  in  this  state  upon 
whom  process  may  be  served  in  any  action  brought  against  such 
bidder. 

Sec.  4.  Upon  the  opening  of  said  bids  on  the  first  Tuesday  in 
June  the  said  commission,  having  adopted  rules  governing  its 
order  of  procedure,  shall  immediately  proceed  to  the  considera- 
tion of  the  merits  of  the  books  offered,  taking  into  consideration 
their  subject  matter,  printing,  binding  and  their  general  suita- 


1 1 8  School  Law  op  West  Virginia. 

bleness  for  the  purpose  intended,  as  well  as  the  price  of  said 
books.  Said  commission  shall  select,  and  adopt  one  book,  or  one 
series  of  books,  and  only  one,  on  each  subject  mentioned  in  sec- 
tion three  of  this  act,  for  uniform  use  in  the  free  schools  of  this 
state,  except  as  hereinafter  provided,  taking  only  those  of  which  in 
their  best  judgment  will  come  the  nearest  accomplishing  the  ends 
desired;  provided  that  no  book  inferior  in  quality,  or  of  a  parti- 
san or  sectarian  nature  shall  be  adopted,  nor  shall  any  book  be 
adopted  by  less  than  five  affirmative  votes;  nor  shall  any  book  or 
hooks  be  changed  at  the  expiration  of  any  five-year  contract 
made  by  said  commission  upon  fewer  than  six  affirmative  votes. 
When  seleetions  and  adoptions  of  books  have  been  properly 
made,  it  shall  be  the  duty  of  the  chairman  of  the  state  school 
book  commission  to  execute  contracts  therefor  with  the  publish- 
ers thereof  for  a  period  of  five  years,  beginning  July  1st,  follow- 
ing. Such  contracts  shall  be  prepared  by  the  attorney  general  in 
accordance  with  the  terms  and  provisions  of  this  act,  and  shall 
be  executed  in  duplicate,  one  copy  held  by  the  contractors  and 
one  by  the  secretary  of  said  commission.  It  shall  be  the  duty  of 
said  secretary  to  keep  a  full  and  complete  record  of  the  proceed- 
ings of  the  said  commission,  said  record  to  be  kept  in  his  office 
and  be  open  to  inspection  of  any  citizen  of  the  state.  Should  any 
successful  bidder  fail  to  contract,  or,  if  for  any  cause  any  book 
or  books  adopted  cannot  be  secured,  the  commission  shall  pro- 
ceed at  once  to  the  selection  and  adoption  of  other  books  in  lieu 
thereof. 

Sec.  5.  At  the  time  of  the  execution  of  the  contract  aforesaid 
the  contractors  shall  enter  into  a  bond  in  the  sum  of  not  less  than 
ten  thousand  dollars,  payable  to  the  state  of  West  Virginia,  con- 
ditioned on  the  faithful  and  honest  performance  of  their  con- 
tract ;  any  guaranty  company  authorized  to  do  business  in  the 
state  of  West  Virginia  may  become  surety  of  said  bond,  and  it 
shall  be  the  duty  of  the  attorney  general  to  prepare  and  tho 
board  of  public  works  to  approve  said  bond.  After  all  contracts 
have  been  executed  as  herein  provided,  it  shall  be  the  duty  of  the 
said  commission  to  notify  the  state  treasurer  to  return  all  bid- 
d(  rs  such  cash  deposits  heretofore  required  as  have  not  been  for- 
feited in  accordance  with  the  provisions  of  this  act,  receiving 
therefor  receipt  in  duplicate,  one  copy  of  which  shall  be  filed 
with  the  state  superintendent  of  free  schools.     Any  deposit  for- 


School  Law  of  West  Virginia.  119 

feited  in  accordance  with  the  provisions  of  this  act  shall  be 
placed  to  the  credit  of  the  school  fund. 

Sec.  6.  It  shall  he  the  duty  of  the  state  school  book  commis- 
sion at  the  last  meeting  aforesaid  to  fix  the  prices  at  which  the 
various  books  adopted  shall  be  sold  to  patrons,  the  excess  of 
which  above  contract  price  representing  the  profit  to  the  retailer; 
but  in  no  case  shall  such  profit  exceed  twenty  per  cent,  of  the 
contract  price.  The  state  superintendent  of  free  schools  shall 
notify  each  county  superintendent  of  the  list  of  books  adopted 
and  the  prices  at  which  they  are  to  be  sold  and  any  person  sell- 
ing such  books  at  a  higher  price  than  that  fixed  by  the  state 
school  book  commission  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars.  The  books  furnished  during  the 
contract  period  shall  be  equal  in  all  relspects  to  the-  sample 
copies  furnished  the  said  commission ;  and  it  shall  be  the  duty 
of  the  state  superintendent  of  free  schools  to  carefully  preserve 
in  his  office  as  the  standard  of  quality,  sample  copies  of  all  books 
contracted  for. 

Sec.  7.  It  shall  be  the  duty  of  each  contractor  at  his  own  ex- 
pense to  place  with  responsible  dealers,  in  no  fewer  than  three 
magisterial  districts  in  each  county,  a  sufficient  quantity  of  books 
to  supply  the  demand.  He  shall  also  arrange  for  the  exchange  of 
books  at  such  places,  allowing  pupils  or  Boards  of  Education  not 
less  than  fifty  per  cent,  of  the  retail  price  of  new  books  for  the 
old  books  of  like  kind  and  grade  displaced.  The  exchange  privi- 
lege shall  extend  through  one  entire  school  year,  and  the  dealer 
making  the  exchange  shall  be  allowed  by  the  contractors  ten  per 
cent,  of  the  cash  proceeds  of  same.  Any  teacher  permitting  in 
his  school  the  use  of  any  unauthorized  book  shall  be  deprived  of 
his  salary  during  the  period  of  such  violation  of  this  act.  Nothing 
in  this  act  is  to  be  construed  as  preventing  the  use  of  supplemen- 
tary readers,  provided  they  do  not  displace  the  adopted  readers, 
nor  the  use  of  more  advanced  books  in  such  schools  as  may  be 
ready  for  the  same.  Boards  of  education  in  cities  and  indepen- 
dent districts  containing  thirty-five  hundred  population  or  more 
may  reserve  the  right  to  select  their  own  text  books;  but  should 
they  elect  to  use  any  of  the  books  adopted  by  the  state  school 
book  commission  they  shall  purchase  them  upon  the  same  terms 
as  hereinbefore  provided,  and  shall  not  change  them  out  during 
the  period  such  books  are  under  contract. 


120  School  Law  of  West  Virginia. 

B.  Should  any  contractor  furnish  the  same  books  con- 
tract ed  for  in  this  state,  at  Lower  prices  to  any  other  state,  city 
or  county  in  the  United  States  than  the  contract  prices  in  this 
.  like  conditions  prevailing,  the  same  reduction  shall  imme- 
diately  be  made  in  this  state,  and  the  state  school  book  commis- 
sion is  directed  to  require  compliance  with  this  provision  on  pen- 
alty of  cancellation  of  contract  with  such  contractor. 

See.  9.  [1  shall  be  the  duty  of  any  contractor  to  prepare  print- 
ed lists,  showing  the  exact  titles  of  his  books,  the  prices  at  which 
same  are  to  be  sold  by  the  dealers,  and  the  prices  of  same  when 
corresponding  old  books  are  given  in  exchange,  and  send,  to  each 
county  superintendent  a  sufficient  number  to  supply  every  teach- 
er in  the  county.  It  shall  be  the  duty  of  each  county  superinten- 
dent to  see  that  the  teachers  of  his  county  display  such  printed 
lists  for  the  inspection  of  the  pupils. 

Sec.  10.  Complaint  in  writing  to  any  board  of  education  of  any 
district,  by  any  citizen,  or  by  any  contractor  to  the  effect  that  a 
teacher  of  such  district  is  permitting  the  use  of  unauthorized 
books  in  his  school,  shall  be  deemed  sufficient  cause  for  investi- 
gation by  said  board  of  education,  and  if  such  complaint  is  found 
to  be  true,  the  board  shall  inflict  the  penalty  provided  in  section 
q  of  this  act.  Members  of  boards  of  education  who  fail  or 
refuse  to  perform  the  duties  required  of  them  in  this  section  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before 
any  justice  of  the  peace,  shall  be  fined  not  less  than  twenty-five 
dollars,  nor  more  than  fifty  dollars. 

Sec.  11.  It  shall  be  a  part  of  the  terms  and  conditions  of  any 
contract  made  in  pursuance  of  this  act  that  the  state  of  West 
Virginia  shall  not  be  liable,  in  any  manner,  in  any  sum  whatso- 
ever: but  all  said  contractors  shall  receive  their  pay  solely  from 
the  several  dealers  in  each  of  the  counties  of  the  state  provided 
in  section  seven  of  this  act.  Such  contract  shall  also  provide  that 
any  pupil,  parent  or  teacher  may  order  books  direct  from  the 
contractors  and  receive  them  prepaid  at  the  prices  fixed  by  the 
state  school  book  commission  for  their  sale  by  dealers  in  the  sev- 
eral counties.  Provided,  however,  that  the  pay  for  same  shall 
accompany  the  order. 

Sec  12.  The  sum  of  one  thousand  dollars,  or  so  much  thereof 
as  may  be  neci  ssary,  for  the  year  1912  and  each  fifth  year  there- 
after is  hereby  appropriated  for  the  purpose  of  defraying  the  ex- 
pense of  the  state  school  book  commission,  as  hereinbefore  pro- 


School  Law  of  West  Virginia.  121 

vided.  The  bills  for  such  expenses  shall  be  approved  by  said 
commission  and  presented  in  the  usual  way  for  payment  out  of 
the  state  treasury. 

Sec.  13.  Any  member  of  the  state  school  book  commission  who 
shall  receive,  solicit  or  accept  any  gift,  present  or  thing  of  value 
to  influence  him  in  his  vote  for  the  adoption  of  books,  or  any  per- 
son who  shall  either  directly  or  indirectly  give  or  offer  to  give 
any  such  gift,  present  or  thing  of  value  to  any  member  of  said 
state  school  book  commission  to  influence  him  in  voting  for  the 
adoption  of  books  shall  be  guilty  of  a  felony,  and  upon  conviction 
thereof  shall  be  punished  by  confinement  in  the  penitentiary  of 
this  state  not  less  than  one  year  nor  more  than  three  years. 

Sec.  14.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed;  but  nothing  in  this  act  contained  shall  be 
construed  as  repealing  sections  thirty-five  and  thirty-six  of  chap- 
ter twenty-seven  of  the  acts  of  the  Legislature  of  West  Virginia 
of  the  extra  session  of  1908. 

MEDICAL   INSPECTION. 

The  board  of  education  of  each  independent  school  district  in 
this  state  shall  and  other  boards  of  education  may  within  ninety 
days  from  the  passage  hereof  and  thereafter  on  the  first  day  of 
January  of  each  year,  appoint  one  or  more  legally  qualified 
practising  physicians  in  said  school  district  to  be  known  as  medi- 
cal inspector  of  schools,  fix  their  salaries  and  define  their  duties 
as  hereinafter  provided,  and  furnish  the  necessary  stationery  and 
printing  for  records  and  reports. 

It  shall  be  the  duty  of  the  medical  inspector  of  schools  to 
separately  and  carefully  test  each  pupil  in  his  school  once  during 
each  school  year  to  ascertain  if  the  pupil  is  suffering  from  any 
defect  or  disability  that  would  prevent  the  pupil  receiving  the  full 
benefit  of  the  school  work  or  if  some  modification  of  the  school 
work  should  be  made  that  the  pupil  might  receive  the  best  edu- 
cational results. 

The  medical  inspector  also  shall,  at  the  request  of  the  superin- 
tendent of  the  school,  carefully  examine  any  pupil  for  evidence 
of  infectious  or  contagious  disease  or  any  other  condition  which 
might  prove  harmful  to  other  pupils.  Whenever  any  pupil  shows 
symptons  of  small  pox,  chickenpox,  measles,  scarlet  fever,  tuber- 
culosis,  diptheria,   influenza,   whooping  cough,   tonsilitis,    mumps, 


1 22  School  Law  of  West  Vikginia. 

scabies,  syphilis  and  other  venereal  diseases,  trachoma,  or  other 
contagious  disease,  the  pupil  must  be  sent  home  and  the  boards 
of  health  and  education  notified  in  writing  by  the  medical  in- 
spector of  schools.  Any  pupil  with  any  of  the  said  diseases  can- 
net  attend  school. 

The  medical  inspector  of  schools  also  shall  carefully  examine 
each  pupil  who  has  been  absent  from  school  for  five  consecutive 
days  for  contagious  or  infectious  disease,  unless  the  pupil 
shall  present  to  the  superintendent  of  the  school  a  written  or 
printed  statement  in  the  form  hereinafter  given,  showing  that  the 
pupil  and  the  house  from  which  the  pupil  comes  is  free  from  infec- 
tious or  contagious  disease,  signed  by  the  attending  physician  and 
endorsed  by  the  medical  inspector  of  schools. 

The  medical  inspector  of  schools  also  shall,  when  requested  by 
the  board  of  education,  conduct  investigations,  furnish  infor- 
mation and  advice  and  to  assist  to  formulate  rules  of  procedure  on 
matters  pertaining  to  the  lighting,  heating,  ventilating  and  sani- 
tation of  the  school  buildings;  the  hours  of  study,  recesses,  exer- 
cises and  any  other  matter  pertaining  to  the  health,  vitality  and 
development  of  the  pupils.  And,  if  deemed  necessary,  the  board 
of  education  may  employ  a  teacher  nurse  to  investigate  the  sani- 
tary conditions  of  the  pupil  and  home. 

The  medical  inspector  also  shall  keep  an  accurate  and  complete 
record  of  each  pupil  tested  and  examined  in  the  following  form: 

Date 191 

Pupil    Age 

Grade    School 

Parent  or  guardian    

Heart    

Lungs    

Eyes    

Ears    

Throat    

Teeth    

Contagious  or  Infectious  Disease   

Skin    Disease    

Special   Note    

Recommendation    . . . 

Signed  M.  D. 

Medical  Inspector  of   School. 


School  Law  op  West  Virginia.  123 

And,  when  any  condition  is  found  which,  in  the  opinion  of  the 
medical  inspector  would  prevent  the  pupil  receiving  the  full 
benefit  of  the  school  work  or  would  be  a  sympton  of  infectious  or 
contagious  disease,  the  medical  inspector  shall  notify  the  parent 
or  guardian  and  the  superintendent  of  the  school  attended,  using 
the  following  form : 

191.. 

The  parent  or  guardian  of  

attending    School 

is  hereby  notified  that  examination  of  this  pupil  shows  abnormal 
condition  of    

Take  the  pupil  to  your  family  physician  for.  treatment  and  advice 
and  take  this  card  with  you. 

M.  D. 

Medical  Inspector School. 

and  on  the  reverse  side  shall  be  printed 

I  have  this  day  examined  

of  the   Grade   School 

and  find  the  following  condition   


and  have  advised  as  follows. 


Signed  M.  D. 

Dated  Physician. 

The  physician  signing  will  return  card  to  the  pupil  who  will 
return  it  to  the  superintendent  of  the  school  attended. 

And,  when  any  pupil  shall  have  been  from  school  for  five  con- 
secutive days,  statement  must  be  made  to  the  superintendent  of 
the  school  attended  in  the  following  form : 

Date 191.. 

I  have  this  day  examined  

of  the    School. 

and  find  this  pupil  and  the  house  from  which  the  T>ncil  comes 
to  be  free  from  infectious  or  contagious  disease. 

Signed M.  D. 

Approved :    M.  D. 

Medical  Inspector  School. 


124  School  Law  of  West  Virginia. 

Ilol.l! 

Sec.  1.  That  the  following  days  be  regarded,  treated  and  ob- 
served as  legal  holidays,  viz:  The  first  day  of  January,  commonly 
called  New  Year's  Day;  the  twenty-second  day  of  February,  coni- 
dy  called  George  Washington's  Birthday;  the  fourth  day  of 
July,  commonly  called  Independence  Day;  the  thirtieth  day  of 
May.  commonly  called  Memorial  Day;  the  twenty-fifth  day  of 
December,  commonly  called  Christmas  Day;  the  first  Monday  in 
September,  commonly  called  Labor  Day;  the  twelfth  day  of 
February,  commonly  called  Lincoln's  Birthday;  the  twelfth  day 
of  October,  commonly  called  Columbus  Day;  provided,  however, 
that  the  common  and  graded  schools  of  this  state,  the  terms  of 
which  shall  have  begun  and  not  having  expired  upon  the  two  last 
named  days  shall  remain  in  session  and  hold  appropriate  ceremo- 
nies in  honor  of  Abraham  Lincoln  and  Christopher  Columbus, 
respectively,  unless  the  said  days  shall  fall  upon  Saturday  or 
Sunday;  any  national  or  state  election  day,  and  all  days  that 
may  be  appointed  or  recommended  by  the  governor  of  this  state 
or  the  president  of  the  United  States  as  days  of  thanksgiving,  or 
for  the  general  cessation  of  business ;  and  when  either  of  said  days 
or  dates  falls  on  Sunday,  then  it  shall  be  lawful  to  observe  the 
succeeding  Monday  as  such  holiday;  provided,  that  when  the  re- 
turn day  of  any  summons  or  other  court  proceedings  or  any 
notice  or  time  fixed  for  holding  any  Court  or  doing  any  official 
act  shall  fall  on  either  of  said  holidays,  the  ensuing  secular  day 
shall  be  taken  as  meant  and  intended. 

THE  CHILD  LABOR  LAW. 
(Regular  Session  Legislature  1911.) 

Sec.  1.  No  child  under  the  age  of  14  years  shall  be  employed, 
permitted  or  suffered  to  work  in,  about  or  in  connection  with  any 
factory,  mill,  workshop,  or  manufacturing  establishment.  It  shall 
be  unlawful  for  any  person,  firm,  or  corporation,  without  written 
permission  from  the  State  Commissioner  of  Labor  or  County 
Superintendent  of  Free  Schools  to  employ  any  child  under  14 
years  of  age  in  any  business  or  service  whatever  during  the  hours 
when  the  public  schools  of  the  district  in  which  the  said  child  re- 
sides are  actually  in  session. 

Sec.  2.  No  child  under  the  age  of  16  shall  be  employed,  per- 
mitted or  suffered  to  work  in,  about  or  in  connection  with  any  of 


School  Law  op  West  Virginia.  125 

the  establishments  or  occupations  named  in  Section  1  of  this  Act, 
unless  the  person,  firm  or  corporation  employing  such  child  pro- 
cures and  keeps  on  file,  accessible  to  any  truant  officer,  inspector 
of  factories  or  authorized  agent  of  the  Humane  Society,  an  em- 
ployment certificate  as  hereinafter  prescribed.     On  termination  of 
employment   of   a  child   whose   employment   certificate   is   on   file, 
such  certificate  shall  be  forthwith  returned  by  the  employers  to 
the  person  who  issued  the  same.     The  employment  certificate  shall 
be  issued  only  by  the  Superintendent  of  Schools,  or  by  persons 
authorized  by  him  in  writing,  or  where  there  is  no  Superintendent 
of  Schools,  then  by  a  person  authorized  by  the  local  school  board : 
provided,  that  no  member  of  a  school  board  or  other  person  au- 
thorized, as  aforesaid,  shall  have  authority  to  issue  such  certifi- 
cates to  any  child  then  in  or  about  to  enter  such  person's  own  em- 
ployment or  the  employment  of  a  firm  or  corporation  of  which  he  is 
a  member,  officer  or  employe.     The  person  authorized  to  issue  an 
employment  certificate  shall  not  issue  such  certificate  until  he  has 
received,  examined  and  approved  and  filed  the  following  papers 
duly  executed : 

1.  The  school  record  of  such  child  shall  be  properly  filled  out 
and  signed. 

2.  A  passport  or  duly  attested  transcript  of  the  school  cen- 
sus record,  showing  the  date  and  place  of  birth  of  such  child. 

3.  The  affidavit  of  the  parent  or  guardian  or  custodian  of  such 
child,  (which  shall  be  required,  however,  only  in  case  no  one  of 
the  above  mentioned  proofs  of  age  is  obtainable),  showing  the  date 
and  place  of  birth  of  such  child.  Such  affidavit  must  be  taken 
before  the  officer  issuing  the  employment  certificate,  who  is  here- 
by authorized  and  required  to  administer  such  oath  without  de- 
manding or  receiving  any  fee  therefor. 

No  employment  certificate  shall  be  issued  until  the  child  in 
question  has  personally  appeared  before  the  officer  issuing  the 
certificate,  nor  until  such  officer  has  satisfied  himself  that  the  child 
can  read  and  write  legibly  simple  sentences  in  the  English  lan- 
guage, and  that  the  child  is  14  years  of  age  or  upwards  and  has 
reached  the  normal  development  of  a  child  of  its  age,  and  is  in 
snfficently  sound  health  and  physically  able  to  perform  the  work 
which  it  intends  to  do,  which  shall  be  stated.  In  all  cases  of 
doubt,  such  development,  health  and  physical  fitness  shall  be  de- 
termined by  a  medical  officer  of  tbe  board  or  department  of  health 
or  by  a  physician  appointed  by  the  school  board.    Every  such  em- 


126  School  Law  of  West  Virginia. 

ployment  certificate  shall  state  the  race,  residence,  sex  and  the 
date  ami  place  of  birth  of  the  child,  and  that  the  papers  required 
by  the  preceding  sections  have  been  duly  examined,  approved  and 
filed.  Every  such  certificate  shall  be  signed  in  the  presence  of  the 
officer  issuing  the  same,  by  the  child  in  whose  name  it  is  issued, 
and  it  shall  show  the  date  of  its  issue,  the  school  record  required 
by  the  act  shall  be  signed  by  the  principal  or  chief  executive  officer 
of  the  school  which  such  child  has  attended  and  shall  be  furnished 
on  demand  to  a  child  entitled  thereto.  It  shall  contain  a  statement 
certifying  that  the  child  is  able  to  read  and  legibly  write  simple 
sentences  in  the  English  language,  and  has  received  instruction 
equivalent  to  that  given  in  the  first  four  grades  of  the  common 
schools.  Such  school  record  shall  also  give  the  date  of  birth  and 
residence  of  the  child  as  shown  on  the  records  of  the  school.  The 
employment  certificate  provided  for  must  be  formulated  by  the 
State  Superintendent  of  Free  Schools  and  furnished  in  blank  by 
the  clerk  of  the  local  school  board. 

Sec.  3.  "Whoever,  whether  he  be  the  employer,  parent,  guardian 
or  custodian  of  any  child,  employs,  permits  or  suffers  such  child 
to  be  employed  or  to  work  in  violation  of  any  of  the  provisions 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  not  less  than  $10  nor  more  than 
$50  for  each  and  every  offense. 

Sec.  4.  It  shall  be  the  duty  of  the  prosecuting  attorney  to  en- 
force the  provisions  of  this  act  and  to  prosecute  any  person,  firm 
or  corporation  charged  with  violation  of  the  same,  before  any 
magistrate  or  court  of  competent  jurisdiction  in  this  state;  and 
it  shall  be  the  duty  of  the  truant  officers,  inspectors  of  factories 
and  authorized  agents  of  the  Humane  Society  to  expose  all  vio- 
lations of  this  act  to  the  prosecuting  attorney.  All  fines  collected 
for  violations  of  this  act  shall  be  paid  into  the  building  fund  of 
the  school  district  or  independent  district  in  which  the  offence  is 
committed. 


APPENDIX  B. 


Forms  and  Instructions. 


ORDER    OF    PROCEEDINGS    AT    THE    FIRST,    SECOND    AND    THIRD    ANNUM- 
MEETINGS  OF  THE  BOARD. 

FIRST  MEETING FIRST  MONDAY  IN  JULY. 

[See    Sections    11,    35    and   45.] 

1.  Appoint  a  secretary. 

2.  Appoint  trustees  for  each  sub-district. 

3.  Determine  the  number  of  months  the  schools  shall  be  taught 
in  the  district  during  the  school  year. 

4.  Determine  the  number  of  teachers  that  may  be  employed  in 
the  sub-districts,  allowing  at  least  one  for  each  school  house. 

5.  Fix  the  salaries  of  teachers  according  to  the  grade  of  certifi- 
cate. 

6.  Estimate  the  number  of  teachers  of  each  grade  that  will  be  em- 
ployed. 

7.  Ascertain  the  whole  number  of  months  to  be  taught  in  the 
district  by  teachers  of  each  grade. 

8.  May  establish  graded  and  high  schools,  change  boundaries  of 
their  sub-districts  and  provide  for  the  erection  of  new  buildings. 

SECOND  MEETING SECOND  TUESDAY  IN  AUGUST. 

[See   Section  21.] 

At  this  meeting  the  Board  shall  ascertain  the  condition  of  the 
fiscal  affairs  of  the  district  and  make  up  an  itemized  statement 
thereof  setting  forth : 

1.  The  separate  amounts  due  the  building  fund  and  the  teach- 
ers' fund  from  all  sources  or  to  become  due  these  funds  within  the 
current  fiscal  year. 

2.  All  debts  and  demands  upon  both  funds  owed  by  the  district 
or  to  become  due  and  payable  within  the  current  year. 

3.  All  other  expenditures  to  be  made  and  payable  out  of  each 
fund  within  the  current  fiscal  year. 

4.  The  separate  amounts  necessary  to  be  raised  for  each  fund 
and  the  proposed  rates  of  levy. 


School  Law  of  West  Virginia. 

The  aggregate  value  of  all  taxable  property  in  the  district, 
stating  separately  the  assessed  value  of  real  estate,  personal  prop- 
erly and  property  assessed  by  the  Board  of  Public  Works. 

A  I  lie  above  statement  shall  be  prepared  and  certified  for 

publication  as  required  by  Section  21.     The  Board  shall  then  stand 
adjourned  until  the  fourth  Tuesday  in  August. 

THIRD   MEETING FOURTH  TUESDAY  IN  AUGUST. 

[See   Section  21.] 

The  Board  shall  at  this  meeting  transact  the  following  business: 

1.  Hear  and  consider  any  objections  made  as  provided  for  in 
Section  21,  to  their  estimate  and  proposed  levy. 

2.  Enter  an  order  of  record  showing  the  objections  made  and 
the  reasons  for  the  same. 

3.  Keconsider  the  original  estimate  and  proposed  rate  of  levy 
and  correct  the  same  if  the  objections  appear  to  be  well  taken. 

4.  Enter  of  record  the  corrections  made. 

5.  Lay  the  levy. 

The  following  calculations  will  be  convenient  for  reference  in 
making   levies  for  school   purposes: 

Number  of  teachers  to  be  employed  in  the  district 20 

Number  of  months  to  be  taught  during  the  year 6 

Amount  of  money  to  pay  all  teachers  (estimated)    $4,380 

This  estimate  is  made  as  follows: 

10  No.  1  grade  teachers  at  $40  per  mo 400 

6  No.  2  grade  teachers  at  $35  per  mo 210 

4  No.  3  grade  teachers  at  $30  per  mo 120 

Monthly    pay    $     730 

Number  of  months    6 

Total  for  term  $4,380 

Deduct  amount  on  hand  including  amount  of  general  school 

hm&    1;880 

Amount  to  be  raised  for  teachers'  fund   $2,500 

To  ascertain  the  number  of  cents  to  be  levied  on  every  one  hun- 
dred  dollars'  valuation  of  property  in  the  district  to  raise  $2,500 
by  taxation,  suppose  the  whole  valuation  in  the  district  to  be  $600,- 
000. 


School  Law  op  West  Virginia.  129 

Rule — Drop  the  cents,  if  any,  and  add  four  ciphers  to  the 
amount  in  dollars  to  be  raised  by  the  levy,  and  divide  by  the 
amount  in  dollars  taxable  property. 

Example :     600,000  )  25,000,000  (  41  2-3  cents 

24,000,000 


1,000,000 
600,000 


400,000 

equals  2-3 

600,000 
Similar  calculations  should  be  made  in  relation  to  the  Building 
Fund. 

FOEM  NO.  I. 

FORM  OF  ORDERS  TO  BE  ENTERED  OF  RECORD  BY  THE  BOARD  OF  EDU- 
CATION. 

Office  of  the  Board  of  Education ) 

District,  in  the  County  of ) 

West  Virginia. 

At  a  meeting  of  the  Board  of  Education  held  on  the  ....  day  of 

,  19 . . ,  there  were  present, president,  and 

and ,  members  of  the  board. 

On  motion  of ,  it  is  ordered  that be,  and  he  is 

hereby  appointed  Secretary  of  this  Board. 

On  motion  it  is  ordered  that  the  following  named  persons  be  ap- 
pointed trustees  in  the  following  named  sub-districts,  for  a  term  of 
three  years,  and  until  their  successors  are  appointed  and  qualified : 

Trustee  for  Sub-District  No.  1. 


Trustee  for  Sub-District  No.  2. 

On  motion  of ,  it  is  ordered  that  the  salaries  of  teachers 

per  month  for  the  school  year,  shall  be  as  follows,  according  to  the 
grade  of  their  certificate:  For  grade  No.  1,  $. . . . ;  for  grade  No. 
2,  $.  ..  .  ;  for  grade  No.  3  $ 


130  School  Law  of  West  Virginia. 

It  is  found  by  the  board  that  in  addition  to  the  available  funds 
now  on  hand,  $.  . .  .  will  be  necessary  for  the  payment  of  teachers' 

.salaries  for  the  current  year,  and  on  motion  of ,  it  is  ordered 

ilia i  a  tax  of  ....  cents  on  the  one  hundred  dollars'  valuation  of 
the  real  estate  and  personal  property  of  the  district  be  levied  for 
that  purpose. 

A  .similar  order  should  be  entered  in  relation  to  the  levy  for 
Building  Fund.) 

On  motion  of ,  it  is  ordered  that  the  president  and  sec- 
retary of  this  board  be  authorized  to  sign,  in  vacation,  all  proper 
orders  for  the  payment  of  money  out  of  the  teachers'  fund  or  the 
building  fund,  for  the  salaries  of  teachers  employed  and  claims 
allowed  by  the  board,  and  that  they  report  the  orders  drawn  on 
each  fund,  at  the  next  meeting  of  this  board. 

The  secretary  of  this  board  made  a  report  this  day  for  the  several 
orders  drawn  by  him  and  the  president,  on  the  teachers'  fund  and 
the  building  fund,  respectively,  since  the  last  meeting  of  the  board, 

as  follows  :     An  order  on  the  teachers'  fund,  in  favor  of , 

a  teacher,  for  $....;  an  order  in  favor  of ,  a  teacher,  for 

$....;  also  an  order  on  the  building  fund,  in  favor  of ,  for 

work  done  on school  house,  for  $....;  and  an  order,  in 

favor  of for  furnishing  wood  for school  house, 

for  $ 

On  motion  of ,  it  is  ordered  that  when  in  the  opinion  of 

the  president  or  of  the  two  commissioners  it  is  deemed  necessary, 
the  president  or  secretary  may  call  a  special  meeting  of  this  board. 

On  motion  the  board  does  now  adjourn. 


Secretary.  President. 

FORM  NO.  II. 
order   of    appointment    to   fill  a  vacancy   in   the   board   of 

trustees. 

[To  be  entered  in  records  of  the  board.] 

There  being  a  vacancy  in  the  board  of  trustees  in  sub-district  No. 

,  in  the  district  of ,  on  motion  of ,  it 

is  ordered  that be,  and  he  is  hereby  appointed  to  fill  said 

vacancy  for  the  unexpired  term,  and  till  his  successor  shall  be  ap- 
pointed and  qualified. 

Note  : — This  order  of  appointment  should  be  entered  in  the  record  book  of  the  board 
of  education  at  a  regular  meeting  and  a  copy  of  it  signed  by  the  secretary  of  the  board 
*erved  upon  the  appointee. 


School  Law  op  West  Virginia.  131 

FORM  NO.  III. 

APPOINTMENT  OP  A  MEMBER  OP  THE  BOARD  OP  EDUCATION  TO  FILL  A 

VACANCY. 

Office  of  County  Superintendent,      ) 

op  the  County  op ) 

,  West  Virginia,    ,19 ... . 

It  having  been  made  known  to  me  that  there  is  a  vacancy  in  the 

board  of  education  in district  in  my  said  county,  I 

,  county  superintendent  of  said  county,  in  pursuance 

of  the  authority  vested  in  me  by  law,  hereby  appoint 

to  fill  the  vacancy  in  said  board  for  the  unexpired  term. 

,  County  Superintendent. 

FORM  NO.  IV. 

OATH  OF  OFFICE. 

State  of  West  Virginia,  County  of ,  to-wit: 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  support 

the  Constitution  of  the  United  States,  and  the  Constitution  of  this 
State,  and  that  I  will  faithfully  discharge  the  duties  of  my  office  of 

to  the  best  of  my  skill  and  judgment.     So  help  me 

God. 

A B . 

Sworn  to  and  subscribed  before  me,   ,  a  justice  of 

the  peace,  this  ....  day  of ,  19 . . . 

C D ,  J.  P. 

FORM  NO.  V. 

FORM   TO   BE   USED   IN   THE   SETTLEMENT   BY   THE   SHERIFF   WITH   THE 

SEVERAL  BOARDS  OF  EDUCATION,   ON   OR  BEFORE  THE   30tH 

DAY  OF  JUNE  IN  EACH  YEAR. 

,  Sheriff  of county,  in  account  with 


132 


School  Law  of  West  Virginia. 


the  Teachers '  Fund  of  district  for  the  year  ending 

June  30,  19... 


CTS. 


CTS. 


lance  due  District  on  settlement  for  year  ending  June  30,   19.  .. 
To   amount  due  from  State  School  Fund  for  the  year  ending  June  30,   19... 

.mount  levied  on  a  valuation  of  $.  ..   for  the  year  ending  June  30,  19.  .. 

at cents   on    each   hundred   dollars   valuation 

To  amount  received  from  other  sources  for  the  year  ending  June  30,   19... 

mize   each   sum   received   from    "other   sources,"    giving   date,    amount 
from  whom  received.] 

Total  debits 

By  balance  due  sheriff  on  settlement  for  the  year  ending  June  30,    19... 
By   sundry   school   orders   paid   to    date 

[The  No.,  date  and  name  of  person  to  whom  each  order  was  drawn, 
with  the  actual  amount  paid  thereon  by  the  officer  presenting  it,  should  be 
given    in    detail.] 

By  commission   at   5   per   cent,   on   net  district  levies 

By  2  per  cent,  commission  on  railroad  levy 

By   exonerations — (Name    each   person   exonerated,    the    name    and   for   what 

year   the   exoneration    is   made) 

By   delinquent   list   for   the   year    ending   June    30,    19... 

Total   credits 

Balance  due  district,    (or  sheriff,  as  the  case  may  be)        .... 


FORM  NO.  VI. 

call.  for  special  meeting. 

Office  of    ) 

District,     ) 

County,  W.  Va.     ) 

,     19.. 

It  appearing  to that  a  special  meeting  of  the  board 

of  education  of  said  district  is  necessary  to  transact  business  relat- 
ing to and  other  matters,  a  meeting  is  hereby  called 

at at o  'clock M., 19 . . 

You  are  requested  to  be  present. 

Secretary. 

To 

FORM  NO.  VII. 

FOR  TRANSFER. 


District,     ) 

County,  W.  Va.     ) 

Sub-District,  No. 

It  appearing  to  the  undersigned,  trustees  of sub-district 

that ,  children  of of 


School  Law  of  West  Vieginia.  133 

sub-district  are  situated  as  to  be  better  accommodated 

in  sub-district  No ,  district,  County,  W.  Va., 

this  is  to  certify  that  said  trustees  have  this  day,  as  required  by 
law,  transferred  them  to  that  district.  This  transfer  is  to  com- 
mence on  the day  of ,  19 . . ,  and  continue  in  force 

months. 

To  the  Trustees  of  Sub-     )      ) 

Dist.  No...  of  ..  Dist.,     )      )      Trustees. 

County,  W.  Va.     )      ) 

On  the  reverse  of  the  transfer  (Form  VII)  the  following  endorse- 
ment may  be  made : 

Transfer  of  ....  scholars  from  sub-district  No ,  Dis- 
trict,   County,  to  sub-district  No , District, 

County,  W.  Va. 

We  the  trustees  of  the  last  named  sub-district,  this  day 

*accept  the  Within  transfer  in  accordance  with  sec.  66  school  law, 

) 

)        Trustees. 

) 

*0r  refuse  to  accept. 

Note  : — Trustees  accepting  transfers  from  other  districts  should  transmit  them  to 
their  board  of  education,  there  to  be  kept  on  file  for  the  information  of  the  board  in 
making  settlements   for  the  amount  due  for  the  transferred  pupils. 

Trustees  making  transfers  should  furnish  their  board  with  information  of  all 
transfers  made  by  them,  to  enable  the  board  to  provide  for  the  payment  of  the  pro- 
rata expenses  of  the  transferred  pupils.  The  following  form  may  be  used  by  the 
trustees : 

To  the  President  of  the  Board  of  Education  of District: 

This  is  to  certify  that  the  undersigned,  trustees  of  sub-district 

No District  have  transferred  as  required  by  law 

pupils,  the  children  of ,  from  this  sub-district  to  No , 

District,  County,  to  begin  on  the  ....  day  of 

,  19 . . ,  and  continue   ....  months. 

) 

)        Trustees. 

) 

FORM  NO  VII. 

CONTRACT  BETWEEN  TRUSTEES  AND  TEACHERS. 

This  Contract  Witnesseth,  That ,   

and  ,  trustees  of  sub-district  No in  the 


134  ScnooL  Law  of  West  Virginia. 

district  of ,  and  county  of  ,  West  Vir- 
ginia, of  the  first  part,  having  met  together  as  required  by  section 

56  of  the  School  Law,  and ,  a  teacher  holding  a 

No teacher's  certificate,  of  the  second  part,  have  this  day 

agreed  that  said shall  teach  the  free  school  in  said 

sub-district,  for  the  term  of  ....  months,  commencing  on  the ...  . 

day  of ,  19 .  . ,  for  the  sum  of dollars  per  month, 

and  that  for  said  services,  properly  rendered,  the  trustees  afore- 
said will  pay,  as  prescribed  by  law,  the  amount  of  salary  due  said 

according  to  the  terms  of  this  contract,  provided 

said  teacher  complies  with  the  law  relative  to  institute  attendance 
and  the  following  conditions  of  this  contract : 

It  is  further  agreed  that  if  the  relationship  exists  between  the 
parties  to  this  contract  prohibited  by  Section  58  of  the  School  Law, 
that  this  contract  shall  be  void  and  the  second  party  shall  not  be 
entitled  to  receive  from  the  Board  of  Education  any  compensation 
for  the  teaching  of  the  school,  or  any  part  thereof,  under  this  con- 
tract. 

The  second  party  represents  that  he  is  not  at  this  time  under  an 
agreement  to  teach  any  other  school  which  will  interfere  with  the 
teaching  of  this  school  under  this  agreement,  and  agrees  that  he  will 
not  hereafter  make  an  agreement  to  teach  another  school  which  will 
interfere  with  his  teaching  the  term  of  school  provided  for  in  this 
contract. 

And  he  agrees  to  forfeit  to  the  first  party  an  amount  equal  to  one 
month's  salary  under  this  contract,  in  the  event  he  without  legal 
excuse  fails  or  refuses  to  complete  the  term  of  school  by  this  con- 
tract agreed  to  be  taught ;  which  amount,  if  already  paid  to  the  sec- 
ond party  by  the  Board  of  Education  of  said  district  at  the  time  the 
second  party  quits  said  school  before  the  expiration  of  the  term, 
may  be  recovered  by  and  in  the  name  of  the  Board  of  Education  in 
any  proper  action  therefor. 

It  is  further  agreed  that,  if  for  any  legitimate  cause  the  school  is 
not  begun  on  the  date  mentioned,  or  if  for  any  cause  it  is  by  the 
first  party  discontinued  or  suspended,  neither  party  shall  have  re- 
course on  the  other  for  damages. 

Witness  our  hands,  this  ....  day  of 19 .  . 

) 

)        Trustees. 

) 

Teacher. 


School  Law  op  West  Virginia.  135 

*I  represent  myself  to  be  worth  'more  than  Four  Hundred  Dol- 
lars over  and  above  my  debts  and  liabilities ;  and  I  hereby  agree 

to  pay  to  the  Board  of  Education  of 

District  an  amount  equal  to  one  month's  salary  of  the  teacher  of 
the  above  contract,  if  the  above  named  teacher,  without  legal  ex- 
cuse therefor,  fails  or  refuses  to  teach  the  full  term  of  school  pro- 
vided for  in  the  above  contract 


Date 


FORM  NO.  IX. 

secretary's   notice   to   county   superintendent,   assessor   and 
county  clerk,  op  rate  of  levies. 

Office  of  Secretary  Board  of  Education. 

,  19 .  .   *To  of  county. 

At  a  meeting  of  the  board  of  education  of district 

of  said  county,  held  on  the  ....  day  of ,  19 .  . ,  it  was 

ordered  that  levies  for  the  support  of  the  free  schools  of  the  district 
for  the  year  beginning  the  first  day  of  July,  19.  .,  be  made  for  the 
respective  funds  at  the  following  rates: 

For  Teachers'  Fund,  cents  on  the  $100  valuation. 

For  Building  Fund, cents  on  the  $100  valuation. 

Respectfully, 
,    Secretary 

FORM  X. 

county   superintendent's    certificate   to   secretaries   of   the 

.  amount  op  railroad  tax. 

Office  County  Superintendent  Free  Schools. 

To  the  Sec'y  Board  of  Education  of District, 

County,  West  Virginia. 

You  are  hereby  notified  that  the  amount  due  your  district  for 


*Where   the   party   of  the   second   part    is   a   minor   or   unknown   to   the   trustees,    the 
above  bond  may  be  required. 

*Write   Assessor,   Clerk  of  County  Court,   or  County  Superintendent  as   the  case   may 
be.      Each  must  be  notified  promptly. 


136  School  Law  of  West  Virginia. 

school  purposes  and  chargeable -to  the  Sheriff  on  the  respective  ac- 
counts of  Teachers'  and  Building  Funds  in  proportion  to  the  rate 
of  levy  for  each,  for  the  school  year  ending  June  30,  19.  .,  from 

the   Railroad  Company  is  Dollars. 

( liven  under  my  hand  this  ....  day  of ,  19 . . . 

Dated ,  19 County  Sup 't County. 

AY  hen  the  County  Superintendent  is  notified  by  the  Auditor  of 
the  amount  paid  into  the  treasury  by  the  Railroad  Company  to  the 
credit  of  any  district  for  school  purposes;  or,  is  notified  of  the 
amount  of  Railroad  tax  certified  by  the  Auditor  to  the  Sheriff  of 
the  County  for  collection  for  school  purposes,  he  should,  without 
delay,  notify  (on  this  blank)  the  Secretaries  of  the  respective 
Boards  of  Education  of  the  amount  due  them  from  the  different 
Railroad  companies  that  have  property  in  their  respective  districts. 
The  secretaries  of  the  Boards,  when  they  are  notified  as  above  di- 
rected, should  divide  the  amounts  so  reported,  between  the  Teach- 
ers' and  Building  Funds  in  proportion  to  the  rate  of  levy  made  for 
each.  The  amounts  should  then  be  charged  up  to  the  Sheriff  on  ac- 
count of  the  respective  Funds. 

FORM  NO.  XI. 

COUNTY   SUPERINTENDENT'S    CERTIFICATE   TO   THE   AUDITOR  OF   DISTRI- 
bution of  state  fund  for  his  county. 

Office  County  Superintendent  Free  Schools     ) 

,   County,  W.  Va., 19 ... .     ) 

To  the  Auditor  of  the  State  of  West  Virginia. 

Sm: — The  following  shows  the  apportionment  made  by  me,  to 

the  several  school  districts  of  the  county  of   ,  for  the 

school  year  commencing  July  1st,  19.  . 

"Whole  amount  certified  by  State  Superintendent, $ 

Amount  deducted  for  salary  of  County  Superintendent,       


School  Law  of  West  Virginia. 


137 


Whole  amount  distributed  to  the  several  school  districts, 
Amount  distributed  to  each  school  district  respectively : 


DISTRICTS. 

Pavment  of  Payment   of 
Sept.  15th.      Dec.  15th. 

Total. 

1 

$ 

'$.  . 

Total 

$ 

INDEPENDENT  DISTRICTS. 

$.  . 

S 

Total 

$ 

,,  County  Superintendent 
of  


County. 


Section  42  of  the  School  Law  requires  county  superintendents  to 
apportion  the  State  Fund  among  the  several  districts  of  their  re- 
spective counties  and  to  report  the  same  on  this  form  to  the 
Auditor. 


School  Law  of  West  Virginia. 

FORM  NO.  XII. 

county    superintendent's    certificate    to   secretaries   of   the 

amount  of  state  fund. 

Office  of  County  Superintendent  Free  Schools. 

County,  West  Virginia. 

19.. 

To  the  Secretary  of  the  Board  of  Education  of District. 

I  hereby  certify  that  the  amount  of  State  School  Fund  appor- 
tioned to  your  district  for  the  school  year  beginning  on  the  1st  day 

of  July,  19 .  . ,  is    

dollars. 

Enumeration  for  19 .  . ,    (corrected)  

County  Superintendent. 

The  amount  will  be  paid  to  the  sheriff  of  the  county  in  two  equal 
installments,  on  September  15th,  and  on  December  15th,  next, 
provided  your  board  levy  for  a  sum,  which,  together  with  the  bal- 
ance on  hand,  funds  from  other  sources,  and  this  State  fund,  will 
be  sufficient  to  pay  for  having  the  schools  of  your  district  taught 
for  at  least  six  months  of  the  year.  You  will  charge  the  sheriff 
with  the  above  amount  on  account  of  the  teachers'  fund. 

As  soon  as  the  county  superintendent  receives  notice  from  the 
State  Superintendent  of  the  amount  apportioned  to  his  county,  he 
should  apportion  the  amount  among  the  respective  districts  and 
independent  districts,  according  to  the  number  of  youths  between 
6  and  21  in  each,  ascertained  by  the  last  enumeration,  and  should 
thereupon  notify  the  respective  secretaries  on  this  blank  (Form 
18)  without  delay. 

FORM  NO.  XIII. 

assessor's  notice  to  secretaries  of  valuation  of  personal 

property. 

Office  of  Assessor. 

of County, 

West  Vhiginia. 

To  the  Secretary  of  the  Board  of  Education  of District: 

The  assessed  valuation  of  the  personal  property  in  your  district 


School  Law  of  "West  Vieginia.  139 

on  the  first  day  of  January,  19.  .,  aggregates  $ 

Given  under  my  hand  the day  of ,  19 .  . . 

Assessor, 

P.  0.  Address,  


A  copy  of  this  notice  should  be  sent  to  the  secretary  of  each  dis- 
trict at  the  very  earliest  moment  possible,  as  he  must  have  it  on  the 
second  Tuesday  in  August,  at  the  second  annual  meeting  of  the 
board  of  education. 

The  assessor  shall  make  out  and  deliver  to  the  secretary  of  the 
board  of  education  of  each  district  and  independent  district  in  his 
county  on  or  before  the  second  Tuesday  in  August  in  each  year,  a 
certificate  showing  the  aggregate  value  of  all  personal  property 
and  real  estate  in  such  district  or  independent  district,  and  to  the 
county  superintendent  of  free  schools  a  certificate  of  the  aggregate 
value  of  such  property  in  the  county,  which  certificates  shall  serve 
as  the  basis  for  the  school  levies  for  the  ensuing  year.  (Sec.  48  of 
the  School  Law.) 

Any  assessor,  clerk  of  the  county  court,  secretary  of  a  board  of 
education,  or  county  superintendent  who  fails  to  perform  the 
duties  required  of  him  in  sections  forty-eight  and  forty-nine  of 
this  chapter,  shall  be  guilty  of  a  misdemeanor  and  shall  upon  con- 
viction thereof  be  fined  twenty  dollars.  (Sec.  50  of  the  School 
Law.) 

FORM  NO.  XIV. 

county  clerk's  notice  to  secretaries  op  assessed  valuation  op 

real  estate. 

Office  Clerk  County  Court. 

County, 

West  Virginia. 

To  the  Secretary  Board  of  Education  of  District: 

The  assessed  valuation  of  the  real  estate  in  your  district  on  the 

first  day  of  January,  19.  .,  aggregates  $ 

Given  under  my  hand  the  day  of ,  19 .  . 

Clerk  of  County  Court. 
A  copy  of  this  notice  should  be  sent  to  the  secretary  of  each  dis- 


140  School  Law  of  West  Virginia. 

trict  at  the  very  earliest  moment  possible,  as  he  must  have  it  at  the 
annual  meeting  of  the  board  of  education  on  the  second  Tuesday 
in  August.     (See  Sec.  48  of  the  School  law.) 

FORM  XV. 

county  clerk's  notice  to  secretaries  of  delinquent  lists. 

Office  Clerk  County  Court. 

County, 

West  Virginia. 

To  the  Secretary  Board  of  Education   District  ■. 

The  sheriff  of  county  is  entitled  to  credits  for  the 

delinquent  list  (including  property  erroneously  and  improperly 
charged)  for  the  year  ending  June  30,  19. .  : 

On  Real  Estate  for  Teachers'  Fund,  $ 

On  Personal  Property  for  Teachers '  Fund, $ 

Total  for  Teachers'  Fund,    $ 

On  Real  Estate  for  Building  Fund,   $ 

On  Personal  Property  for  Building  Fund,   $ 

Total  for  Building  Fund,   $ 

You  will  charge  the  sheriff  with  the  following  amounts,  certified 
by  the  Auditor  as  paid  to  the  sheriff  on  account  of  redemption  of 
delinquent  lands  paid  into  the  treasury  before  sale: 

For  Teachers'  Fund,    $ 

For  Building  Fund,   $ 

Given  under  my  hand  this day  of 19 . . 


Clerk  County  Court. 
(See  Sec.  44  of  the  School  law.) 

FORM  NO.  XVI. 

TRUANT  OFFICER'S  NOTICE. 

,  W.  Va.,  ,  19.. 


M. 


Dear 

You  are  hereby  notified  that  the  attendance  of 
,    and    


School  Law  op  West  Virginia.  141 

being  under  your  control  are  required  to  attend  school  and  accord- 
ing to  the  provisions  of  section  73  Chapter  45  of  the  Code  as  re- 
vised by  the  Legislature  of  1908,  (Extra  Session)  such  attendance 
must  commence  at  once  on  receipt  of  this  notice  unless  due  cause 
be  shown  why  such  child  or  children  should  not  attend. 

Should  you  fail  to  comply  with  the  requirements  of  this  law,  you 
will  be  subject  to  a  fine  of  two  dollars  for  the  first  offence  and  five 
dollars  for  each  subsequent  offence. 

Respectfully, 

Truant  Officer, 

District County,  West  Virginia. 


Note: — This  notice  should  he  mailed  where  practicable,  otherwise  it  must  be  deliTered 
by  the  truant  officer  in  person  or  sent  by  a  reliable  carrier. 


FORM  NO.  XVII. 

TRUANT   OFFICER'S  REPORT   TO  BOARD. 

Members  Board  of  Education, District, County, 

West  Virginia. 

Gentlemen:    I  hereby  certify  that  I  have  investigated 

cases  under  the  truancy  law  during  the  month  of ,  19. ., 

of  which  number were  prosecuted  and con- 
victed. I  have  mailed  ....  notices,  delivered  in  person  ....  noti- 
ces or  sent  by  other  means  ....  notices. 

In  all  I  have  spent hours*  or days  and  .  .  .  .hours 

in  the  discharge  of  my  duties  as  truant  officer. 

Respectfully, 

,  Truant  Officer, 

* 

District, County,  W.  Va. 

Personally  appeared  before  me  of  

County,  the  said and,  on  oath,  says  that  the  above 

report  is  true  and  correct,  to  the  best  of  his  knowledge  and  belief. 

Given  under  my  hand  this day  of ,  19. . 


♦Note: — Nine  hours  should  be  reckoned  as  constituting  •  day. 


142 


School  Law  op  West  Virginia. 
FORM  NO.  XVIII. 

TRUANT   OFFICER'S   STATEMENT   TO   SHERIFF. 


.,  W.  Va.,   19.. 


M. 


Sheriff  of County, 

W.  Va. 

Dear  Sir:     Under  the  provisions  of  Sec.  73,  Chap.  45  of  the 
Code,  as  revised  by  the  Legislature  of  1908  (Extra  Session,)  the 

following  fines  were  imposed  in   District,    

County,  under  my  jurisdiction  during  the  month  of 

19..: 


NAME. 


Address. 


Date. 


Amount 
of  Fine 


Child  for  Which 
Fined. 


Age  of 
Child. 


1 

$ 

( 

1 

( 

| 

( 

] 

1 

Total 

| 

1 

School  Law  op  "West  Virginia.  143 

FORM  NO.  XIX. 

STATEMENT   OF   APPORTIONMENT  OF  THE  GENERAL   SCHOOL  FUND. 

STATE  OF  WEST  VIRGINIA, 

Department  of  Free  Schools. 
Charleston,  June,  19 

To    ,    County    Superintendent, 

,  W.  Va. 

Dear  Sir: 

The  following  is  the  amount  of  the  General  School  Fund  appor- 
tioned to  your  county  for  the  year  beginning  July  1,  19 .  . ,  and 
ending  June  30,  19 .  .  : 

Net  amount  apportioned    $ 

County  Superintendent's  salary    $ 

Gross  amount  apportioned    $ 

Total  enumeration  of  your  county,   

You  will  please  make  the  apportionment  of  the  above  NET 
amount  among  the  several  districts  of  your  county  at  once  that  the 
boards  of  education  may  have  the  same  in  their  hands  at  their  sec- 
ond meeting  on  the  second  Tuesday  in  August. 

Respectfully, 


State  Superintendent  of  Free  Schools. 


INDEX 


24 

109 

25 


147 
25 


Page.  Sec. 

Abstract  of  proceedings  of  board  to  be  posted,  where,  when 32  46 

Accounts  and  settlements  to  be  made  with  reference  tc  school  year 11  1 

Accounts,  sheriff  to  keep  with  boards 61 

Account   of  special   debt  levy  to  be  kept   separate    21 

Account  of  institute  expenses  to  be  read    51 

Action  against  school  officers,  when 22 

Action  of  trustees  may  be  revised    37  65 

Action  against  sheriff 64 

Acts   prohibited    22 

Additional  levy  : 

for  districts  with  towns  and  cities  having  more  than  six  months'  term  18  21c 

for   current   expenses    20  22 

when  and  how  made 20  22 

to  pay  interest  on  '.  >n<l<  <1  indebted  -tss  and  provide  sinking  fund.  ...  20  22 

vote  upon 20  22 

ballot   f«r 20  22 

''"■••..■  saiai  ' ' 

^;iy    !»•    i  ai<      i  y    board    of    any    sub-district 25  29 

in  gradcu  aiid  high  schools    25  29 

Additional   term: 

how   provided   for    23  27 

ballot   for    24  27 

Advice  and  consent  of  county  superintendent  to  purchase  apparatus.  ...  15  13 

Affidavit   verifying  report  of  enumeration 50  102 

Age,    legal    of    school    attendance    39  69 

of  children  admitted  to  kindergarten  schools 28  34 

of  compulsory  school  attendance    39  72 

Agents    of    the    board    of    the    school    fund     66  155 

Agent,  no  school  teacher  or  officer  to  act  as 66  156 

Aggregate  of  taxable  property  to  be  set  forth    17  21c 

Agriculture,    elementary    41  78 

Agricultural   experiment   station    (see  W.   Va.   University.) 

Alcoholic   drinks   and   narcotics;    nature   of   to   be   taught    42  78 

Allowance  to  be  made  for  delinquent  taxes    17  21c 

Amendment,   constitutional,   concerning  the  school  fund    9 

Apparatus  : 

to  be  purchased  by  board 14  13 

to  be  kept  in  repair   14  13 

to  be  purchased  only  by  advice  and  consent  of  county  superintendent  15  13 

for    joint    schools     16  18 

definition    of     68  161 

value  and  kind  of  must  be  reported  by  trustees 37  63 

Appeal  to  county  superintendent,   when    14  12 

to  circuit   court,    when 14  12 

Applicants  for  certificates: 

to  receive  statement  of  grades,  when 45  87 

to  receive  but  two  third  grade  certificates 45  .  87 

not  to  receive  more  than  one  certificate  of  same  grade  in  one  year.  .  45  87 

fee  to  be  paid  by    46  91 

to  be  examined  in  what 43  82 

(See   also  certificates.) 


1  Id  Index. 

Appointment:                                                                                                          Page.  Sko. 

of  secretary    31  45 

of  trustees    34  53 

of    teachers    35  56 

of   certain    persons    as   teacher   prohibited    35  58 

of    truant    officers     40  73 

of  state  board  of  education 58  13° 

of   district   superintendent    68  163 

of   state    board   of   control Appendix    A  105  1 

of   members  state   book   commission "  116  1 

•of   physicians   as   medical    inspectors 121 

of   state    board    of    regents 113  17 

-Apportionment  of  general  school   fund    30  40-42 

Approval    of    location    and    plans    by    county    superintendent 15  14 

Approval   of  trustees   in   transferring   pupils 38  66 

Appropriation    for   examination   of   teachers    42  81 

-Assessor : 

to  make  certificates  of  valuations  to  secretary  and  county  superinten- 


dent,   when     32  48 

48 
49 


90 
90 


certificates  of  to  serve  as  basis  for  school  levy 33 

rate   of   levy   to   be    reported   to   by    secretary    33 

penalty    upon,    for    what    33  50 

Assistant  examiners: 

number  of,  how  determined    46 

compensation    of    46 

Assistants   in  examination   of  manuscripts    43  84 

Attendance     at     county     institute     required     51  106 

Attendance  at  district  institute,  credit  for 52  111 

Attendance    at    school,    to    whom    permitted     39  69 

Attendance,  compulsory    (See  Compulsory  Attendance.) 

Attorney    General: 

to  institute  proceedings,  when    (See  School  Fund.) 

to  prepare  forms  and  instruction  for  certain  elections    23  26 

Auditor : 

part  of  examination  fees  to  be  sent  to 46  91 

part  of  institute  fees  to  be  sent  to 51  109 

to  report  condition  of  school  fund,   when,   to  whom    65  151 

to    deduct    what    from    general    school    fund    30  40 

to    ascertain    amount    of   general    school    fund   to    be    distributed    and 

report   to   state    superintendent    30  41 

report  of  valuation  and  levy  to  be  made  to  by  county  superintendent  33  49 

August: 

second  Tuesday  in,   second  meeting  of  board 17  21 

fourth  Tuesday  in,  third  meeting  of  board 17  21c 

Authority   of   Teachers    48  97 

Balance   in   sheriff's  hands   turned  over  to  successor    64  149 

Balance    from    supplementary    fund,    if    any,    to    revert    to    general    school 

fund    19  21c 

Balance    from    special    debt    levy    to    revert    to    what 22  24 

Ballot: 

for  vote  on  levy 16  20 

for   vote   on    additional   levy  to   pay    interest   on   bonds,   etc 20  22 

for  vote  on  extension  of  term 23  27 

for  vote  on   district  high  school    25  30 

Blanks  to  be  prepared  by  state  superintendent    57  126 

Blanks   and   forms    (See   Appendix  B.) 

Blind,    West    Virginia   school    for    88 

Bluefield  Colored  Institute    86 

Board   of   Education,    the   State    (See    State    Board  of   Education.) 

Board    of   Ed  mat  ion  : 

how  cons'  ituted    11  3 


Index.  14? 

Board   of   Education. — Continued.  Page.  Sec. 

election   of    H 

term  of H 

a  corporation 12 

powers    of    as    a    corporation     12 

liability    as    a    corporation    12  7 

process  and  notice  may  be  served  on 12  8 

to  receive,   hold  and  dispose  of  what    12  8 

to  be  deemed  owner  of  what    13  8 

title   to   property   vested    in     13  8 

to    obtain    general    warranty    deed     13  8 

to  retain  school  property,   when    13  10 

to    sell    school    property,     when     13  10 

to   have    control    of   schools    13  11 

to   determine   number    and   location    of   schools    13  11 

to  establish  graded  schools  when  necessary 13  11 

to    establish    high    schools     13  11 

to  change  boundaries  of  sub-districts    13  11 

may  increase   or  decrease   number   of  sub-districts    13  11 

to  enter  on  minute  book,  boundaries  of  districts  and  sub-districts.  ...  14  11 

to   provide   sites   and   buildings    14  13 

to  locate  buildings  with  reference  to  convenience  of  pupils    14  13 

to     improve     school     grounds     14  13 

to    provide    furniture,    etc 14  13 

to  keep  furniture,  etc.,  in  repair 14  13 

to   obtain    advice    and   consent   of   county   superintendent   before   pur- 
chasing   what     15  13 

to  have  regard  to  what  in  construction  of  buildings    15  14 

may  condemn  land    15  15 

to  cause  schools  to  be  taught    15  16 

to   employ   teachers,    when    15  16 

may  discontinue  school,  when    15  17 

may   provide   building   jointly    16  18 

to   hold   title   to   joint   building    16  18 

to    require    bond    of    contractors    16  19 

to  hold  meeting  on  second  Tuesday  in  August   17  21 

to  ascertain  condition  of  fiscal  affairs  in  district   and  make  up   item- 
ized  statement    17  21 

statement   of  to   set   forth   what    (a,   b,    c.)     17  21 

to   convene   fourth   Tuesday   in    August    17  21c 

to  hear  and  consider  objections  to  estimate  and  proposed  levy 17  21c 

to  enter  order  of  record  showing  objections    17  21c 

to  reconsider  and  correct  estimate  and  levies,  when    18  21c 

to   lay  levy   after   making   corrections    18  21c 

may  levy  for  support  of  high  school 18  21c 

may  increase  levy  to  pay  interest  on  outstanding  bonds 18  21c 

may  enter  an  order  relating  to  additional  levy 20  22 

to   submit   to    vote    question    of    additional    levy    20  22 

may    lay    additional    levy    for    current    expenses    20  22 

may  lay  additional  levy  for  interest  on  bonds 20  22 

may  continue  to  lay  interest  levy  without  additional  vote,  how  long.  .  21  22 

may  submit  to  voters  question  of  special  debt  levy    21  24 

may    continue    special    debt    levy    22  24 

may  extend  term    23  27 

shall  submit   question   of  longer  term   to   vote,   when    23  27 

shall  notify  ballot  commissioners  of  election  for  longer  term 23  27 

shall  provide  for  extension  of  term,  when 24  27 

shall  fix  salaries  of  teachers  at  first  meeting    24  27,/£ 

shall  fix  number  of  teachers  at  first  meeting   24  27^ 

shall  have  regard  for  grade  of  certificate  in  fixing  salaries 24  27  Yz 

may  establish  graded  schools  in  certain  towns  and  villages   24  28 


148  Index. 

duoation. — Continued.  Page         Sec. 

may  establish  high  schools  in  towns  having  four  or  more  schools....      24  28 

id  have  charge  of  graded  and  high  schools  provided  for  in  section  28     25  28 

shall  extend  term  in  graded  schools,  when    25  28 

may  pay  move  than   minimum   salaries   to  teachers    25  29 

may  pay  additional  salary  to  teachers  in  graded  and  high  schools.  ...      25  29 

may    submit    to    vote    question    of    district    high    school     25  30 

to  publish  notice  setting  forth  what,   concerning  district  high  school     25  30 

to  establish   district   high   school,   when    25  30 

may    hold    meetings    when     27  32 

may    transact    what   business    at    a    special    meeting    27  32 

may    do    official    business    when    only     27  32 

quorum   of    27  32 

compensation  of 27  33 

to   attend   county   teacher's   institutes    27  33 

to     prescribe    qualifications    of    kindergarten    teachers     28  34 

may   prescribe   free  text-books    28  35 

may    purchase    free   text-books    28  35 

may    purchase    books    for    school    libraries    under    certain    restrictions  29  37 

may  borrow  money   and  issue  bonds,   when,   for  what  purpose 29  39 

must  submit    question   of  bond  issue  to  vote    30  39 

may   appoint    secretary,    when 31  45 

shall  appoint  trustees,  when    34  53 

to    furnish    trustees     with    record    books     34  53% 

may  remove  teachers   for  what    35  58 

may  declare  teachers'  contract  void,  when    35  58 

may  remove  trustees 34  54 

trustees  to  make  report  to  concerning  what 37  63 

shall  pay  expenses  of  trustees,  when,  from  what  fund 37  64 

to   have   supervision    of   trustees 3  7  65 

may   revise   action   of   trustees,    when    37  65 

shall  pay   for   tuition   of  transferred  pupils    38  67 

may  abolish  sub-districts  and  consolidate  schools,  when    38  68 

to  establish  schools  for  colored  youth    39  70 

may   be   compelled   by   mandamus   to   divide   funds    39  71 

shall    appoint    truant    officers     40  73 

to  pay  truant  officer,  when 41  77 

may  make  uniform  certificates  valid  in  independent  districts 44  86 

to   pay    for    taking    enumeration,    when    50  103 

account  to  be  kept  with  by  sheriff 61  138 

sheriff   to   make   settlement    with    61  139 

to  examine  statement  and  vouchers  of  sheriff 62  141 

to    retain    copy    of    sheriff's    settlement     62  141 

failure    to    make    settlement     64  148 

not    to    be    interested    in    contracts    67  158 

penalty  upon  for  failure  to  perform  duty 67  159 

may    purchase    flags    and    have    them    displayed     68  162 

may  provide  for  district  supervision;   shall  when    68  163 

may  take  entire  charge  of  schools  so  supervised 69  164 

Board   of   Examiners,    State    (See   State    Board   of   Education.) 

•  \    of   public   works,    shall  transfer   funds   from   state   fund   to   general 

school    fund,    when    30  40 

Board  of  Control    (See  State  Board  of  Control.) 
Board  of  Regents    (See  State   Board  of  Regents.) 
Board  of  the  School  Fund    (See   School  Fund.) 
Bond  : 

of    county    superintendent     53  jjg 

additional,  of  sheriff    gl  ^37 

may  be  required  of  agents  of  board  of  school  fund    66  155 

required  of  contractor 2g  -jq 

Bonded  indebtedness,   constitutional  provision    7 


Index.  149 

Bonded    Indebtedness. — Continued.  Page.  Sec. 

additional  levy  for    20  22 

Bonds: 

outstanding,  increase  in  levy  for 18  21c 

outstanding,  levy  for  to  be  continued 21  22 

may  be   issued  in   any   district   or   independent   district    29  39 

payable    when     29  39 

interest  on   must  be  provided  for    29  39 

limitation    concerning    29  39 

question    of    must    be    submitted    to    vote    and    must    receive    three- 
fifths    of   all   votes    cast    30  39 

Books,   School  Text    (see  text-books.) 

Books,  Free  Text   (see  free  text -books.) 

Books  for  School  Libraries : 

may  be   purchased  by   board    29  37 

maximum   amount  to  be  expended   for 2\)  3  7 

must  be  selected  from  list  prescribed  by  state  superintendent 29  37 

state  superintendent  to  prescribe   list   of    58  129 

Boundaries   of   Sub-Districts ; 

may  be  changed 13  11 

to    be    recorded    in    minute    book     14  11 

Branches  in  which  teachers   examined 43  82 

Building  and  repairing   school  houses;    bond   for    16  19 

Buildings   (See  School  Houses.) 

Building   Fires    (see   fires.) 

Building   Fund: 

compensation  for  sweeping  house,  etc.,  paid  out  of 3  0  61 

expenses   of  trustees   paid   out   of    37  64 

fines  paid  into    40  ~  1 

expense  of  conveyance  of  pupils  payable  out  of    38  68 

compensation    for    institute    attendance    paid    out    of    51  106 

fines  for  violation  of  compulsory  attendance  law  credited  to 41  76 

compensation  for  taking  enumeration  paid  out  of 50  103 

amount    in,    due   to,    to    be    raised    for,    to    be    set    forth    in    statement  17  21a 

demands  upon  to  be  set  forth  in  statement 17  21b 

expenditures    from   to    be   set    forth   in   statement    17  21c 

levy  for 17  21c 

maximum   rate    of   levy    for    18  21c 

Business    may    be    transacted    by    board,    when     27  32 

Cadet  Corps   (See  West  "Virginia  University.) 

Calendar,     the     school      3 

Capitation   Tax: 

constitutional  provision  concerning 6 

proceeds  of  to  go  to  general  school  fund   30  40 

Certificate,   Assessors: 

to  county  superintendent    32  48 

to  serve  as  basis  for  levy 33  48 

to    secretary     32  48 

Certificates  of  proficiency  in  reading  circle  course    52  112 

Certificates;    Teachers: 

grade   of  to   determine   salaries    24  27% 

required    of    kindergarten    teachers     28  34 

to  be  endorsed  by  secretary  on  original    35  57 

to  be  presented  to  trustees 35  57 

to  be  filed  with  secretary   35  57 

valid  in  graded  and  high  schools;  include  what  subjects 43  82 

valid   in   ungraded   schools    only;    include   what   subjects 43  82 

all  matters  relating  to  under  control  of  state  superintendent    42  80 

special   high   school   teachers'    43  &  47      82  &  94 

special    primary    teachers'     43  ft  47      82  &  93 

grades  of    43  84 


150  Index. 

flcates,  Teachers'. — Continued.  Page.          Sec. 

to    be    signed    by    state    superintendent     44              85 

tn  be  countersigned  by  county  superintendent 44              85 

where    valid     44              86 

how    revoked     **              °° 

duration    of    44                87 

wal  of  first  grade  uniform  ;   fee  for 44                87 

third  grade  issued  but  twice  to  same  applicant 45               87 

only  <uie  of  same  grade  to  applicant  in  one  year   45               87 

applicants  to  receive  statement  of  grades  when 45                87 

state  superintendent  and  county  superintendent  to  keep  register  of .  .  45               87 
immorality  or   neglect   of  duty  on   part   of  persons  holding,   to  be  re- 
ported     45               89 

of  first  grade  to  be  issued  to  certain   graduates    4  6               92 

emergency     46               92  ^4 

grade  of  certain  certificates  defined 48               95 

state  professional    (see  State  Certificates.) 

may  be  issued  to  persons  coming  from  other  states,   when    59             133 

mtersigned     60            134 

(See   also   Examination   of   Teachers.) 

Change  in  boundaries  of  sub-districts 13               11 

Charges  against   sheriff's   account    61             139 

Child   Labor   Law: 

children  under  fourteen  years  of  age  not  to  be  employed,  etc.,  App.  A.  124                  1 

commissioners    of   labor Appendix    A  124                  1 

children  under  sixteen  years  of  age  to  be  employed,  etc.                        "  124                  2 

employment    certificate     "  125                 2 

fines    for   violations    "  126                  3 

prosecutions   for   violations    "  126                  4 

Classes  of  youth  enumerated    50             102 

Classification    of   high   schools    26               30 

Clerk   of   County   Court : 

to  certify  name  and  address  of  county  superintendent    53             115 

to  call  meeting  of  presidents  to  appoint  county  superintendent;  when, 

where      53             116 

vouchers   and  statements   of  sheriff  to  be  returned  to    62             141 

to  keep  record   of   settlement   with   sheriff    62             142 

penalty  upon ;    for  what    33               50 

levies  to  be  reported  to;  constitutional  provision 9 

Collection    of    money    due    school    fund     66   154&155 

Colored    Institute,    the    West    Virginia    82 

graduates    of    to    receive    certificates,    when     46               92 

Colored  Institute,   the  Bluefield    86 

Colored  Schools    (See  Schools  for  Colored  Youth.) 

Colored   Teachers : 

normal  training  for 77             188 

graduates  of  normal  course  of  W.  Va.  Colored  Institute  to  receive  cer- 
tificates     46               92 

(See  also  Schools  for  Colored  Youth.) 

Colored   Youth  : 

not  to  be  taught  with  white;   constitutional  provision    10 

not  to  be  taught  in  same  school  or  building  with  white  pupils 39               70 

board    to    establish    schools    for     39              70 

funds  to  be  divided  in  proportion  to   number  of    39               71 

(See  also  Schools  for  Colored  Youth.) 

Commission,    state   school   book Appendix    A  116 

Commissioners    School : 

election   of    

must    vacate    office,    when     

oath  of    

compensation    of    


11 

3 

12 

5 

12 

6 

27 

33 

Index.  151 

Commissioners,   School. — Continued.  Page.          Sec. 

shall    vacate    office,    when     12  5 

Commissions,    sheriff's     63  144 

Commissions,  of  agents  for  school  fund 66  155 

Committee   on    course   of   study    58  131 

Compensation : 

of  president  and  members  of  board 27  33 

of  school  librarian 29  38 

of  secretary  for  report 34  52 

of     assistant     examiners     46  90 

for  taking  enumeration ;  when  paid 50  103 

for  attendance  at  county  institute 51  106 

of  institute  instructors    51  108 

of  county  superintendent   for   conducting  examinations    54  118 

of   state   board   of   education    58  &  60  131&135 

of  agents  for  school  fund 66  155 

for   building   fires;    to   be    paid    from    what    fund    36  61 

of    truant    officers ;    how    and    when    paid    41  77 

of   state   school   book    commission Appendix    A  116  1 

Complaint   against   parent   or   guardian    (Compulsory   Attendance.) 

may  be  made  by  any  resident  or  teacher 4  0  73 

truant   officers   shall   make,    when    40  73 

Complaint  concerning  action  of  trustees 37  65 

Compulsory  Attendance : 

to  whom  applicable 39  72 

who  responsible  for  violation  of 39  72 

penalty  for  violation  of 40  72 

fines  for  violation  of  to  be  credited  to  what 40  &  41      72  &  76 

an  offense ;    what  constitutes 40  72 

exemption  from    40  72 

truant    officers    to    enforce     40  73 

(See  also  Truant  Officers.) 

Condemnation   of  land  for  school  purposes 15  15 

Condition  of  school  houses  to  be  reported  by  trustees 37  63 

Consent  of  county  superintendent  necessary  to  purchase  what 14  13 

Consolidation  of  schools    38  68 

Constitutional  provisions  concerning  the   school   system 5 

Contagious  diseases    (see  also  Medical   Inspection) 47  97 

Contingent  expenses  of  state  superintendent's  office    30  40 

Continuation  of  special  debt  levy    22  24 

Contract,  Teachers' : 

must    be    filed    with    secretary 35  56 

may  be  declared  void,  when 35  58 

understanding   in   concerning   holidays 36  50 

form   for    (See   Forms,   Appendix    B.) 

Contracts  for  the   conveyance  of  pupils 38  68 

Contracts   for   books    (see   Text-Books.) 

Contracts,   school  officers   not  to  be   interested   in 67  158 

Control    of    schools     13  11 

Control   of  uniform   examinations    42  80 

Conveyance    of    pupils    38  68 

expenses   of    38  68 

contract  for    38  68 

Corporation  : 

the  board  of  education   to  be  a    12  7 

powers   of   as  such 14  7 

liability    of    as    such 14  7 

Correction  of  sheriff's  settlement   (See  Sheriff.) 

Correction  of  levy  may  be  made,   how ;     when 17  21e 

Cost  of  joint  schools   (See  Joint  Schools.) 

County  court,   sheriff  to   make  settlement   with 62  142 


152  Index. 

County   Institutes    (See   Institutes,   County.)  PAGE.  Seo. 

ity   officers,   subject   to   indictment;     constitutional   provision 6 

County  Superintendent : 

constitutional  provision   for    8 

to   give  deciding  vote,   when 11  4 

to  fill   vacancy   in    board 12  5 

to   hear  appeals   in   what    case 14  12 

to  serve  notice  mi  secretary  of  meeting  to  hear  appeal 14  12 

may  reverse  or  correct  action  of  board,   when    14  12 

to  approve   locations   and  plans   of  buildings,    when 15  14 

to  apportion  general  school  fund  to  district 31  42 

to  notify  board  of  amount  due  from  general  school  fund 31  42 

to  issue   requisition   for  general   school   fund,   when 31  43 

rate  of  levy  to  be  reported  to  by  secretary 33  49 

to  report  rate  of  levy  to  clerk  of  county  court  and  assessor 33  49 

to    report    rate    of   levy    and    valuations    to    state    superintendent    and 

auditor      33  49 

penalty   upon    for   what 33  50 

secretaries   to   make   report   to 33  51 

to    designate    place    of   holding   examination 42  80 

to   open    examination    questions,    how 43  83 

to   seal   all    packages    of   manuscript    and   forward   to   state    superin- 
tendent        43  83 

to   furnish   information   to   state   superintendent    43  83 

to   debar   certain    persons   from   examination 43  83 

to  keep   register  of  certificates 45  87 

guilty   of   misdemeanor;     when;     penalty    for 45  88 

shall    vacate    office,    when 45  88 

to   report    immorality  or   neglect   of  duty   on   part   of  persons   holding 

certificates     45  89 

to   conduct   examinations    46  90 

to    appoint    assistant    examiners;     how    many;     compensation    of....  46  90 

to   collect   examination    fees 46  91 

to  pay  assistant  examiners   and  other  expenses  of  examinations....  46  91 
to    make    itemized    report    of    examination    collections    and    disburse- 
ments ;     to    whom    46  91 

shall  take  receipts  for  all  money  expended  in  examinations 46  91 

to  transmit  to  state  superintendent  summary  of  enumeration 50  104 

may  excuse  teachers  from  attending  institute,   when   only 51  106 

to   prevent   teachers   from   teaching,    when 51  106 

to    arrange    for    county    institutes 51  107 

to  remit  part  of  institute  fees  to  auditor    51  109 

to    arrange    for    and    conduct    district    institutes 52  111 

election     of     52  113 

term   of   office   of 53  ^3 

to  notify  state  superintendent  of  his  election 53  113 

tie  in  vote  for;   presidents  of  boards  to  appoint 53  114 

oath    of;     when    taken    53  n§ 

to   execute   bond    53  ^5 

name  and  address  of  to  be  certified  by  clerk  to  state  superintendent  53  115 

vacancy  in  office  of;     how  filled 53  116 

qualifications    of    54  j^r- 

salary   of;     how   determined    54  ng 

1  ompensation    for    conducting    examinations 54  113 

may    engage   in    teaching;     when    only 54  113 

to  report  number  of  schools  visited 54  i19 

deductions  from  salary  of 54  119 

payment    of   salary    of 55  120 

report    of;     delay   in   making    55  120 

to  visit  schools;     when;     for  what   purpose 55  121 

to  examine  school   buildings   and   equipment 55  122 


Index.  153 

County    Superintendent. — Continued.  Page.  Sec. 

to    report    incompetency,    neglect    of    duty,    etc 56  122 

to   receive    and    revise    reports    of    secretaries 56  123 

to  make   annual  report  to   state   superintendent    56  123 

not    to    be    interested    in    contracts ;     penalty     67  158 

County     supervision,     constitutional     provision 8 

Course    of   study,    committee    on    58  131 

Course   of  study,    manual   of    42  79 

Course  of  study  for  reading  circles    52  112 

Court  of  competent  jurisdiction  may  declare  office  vacant,   when 23  25 

Credit    for    attendance    at    district    institute     52  111 

Credits  to  sheriff's   account    61  139 

Current    expenses,    additional    levy    for     20  22 

Daily    registers     48  98 

Deaf  and  Blind,   West  Virginia   Schools   for    88 

Debt ;    constitutional    provision    for     7 

Debt   levy,    special    (See    Special    Debt    Levy.) 

Decrease    or    increase   in    number    of    sub-districts     13  11 

Deed,    general   warranty   for   school    sites    13  8 

Deed,   agents  may  execute,  when    (see  school  fund)    66  155 

Deductions    from    salary    of    county    superintendent    54  119 

Deductions  from  general  school  fund    30  40 

Definition  of  terms  used  in  this   chapter 67  161 

Delay  in  making  county  superintendent's  report;  penalty 55  120 

Delinquent     lists     shall     be     returned     31  44 

Delinquent   taxes    and    contingencies    to   be    allowed    for    in   statement....  17  21c 

Destruction  of  free  text-books,  pupils  responsible  for    28  36 

Diplomas : 

kindergarten  teachers'    28  34 

to  be  issued  by  state  superintendent    42  79 

granted    in    other    states    may    be    recognized     59  133 

certificates   to   be    issued   upon    46  92 

Disagreement    of   board    as    to    location    and    plans     15  14 

Discontinuance    of    school,     when     15  17 

Discontinuance    of    district    high    school     27  31 

Diseases,     contagious     or     infectious      48  97 

Distribution    of   general    school    fund    30  40 

District : 

definition    of    68  161 

constitutional    provision     5  &  9 

to   be   sub-divided    11  2 

independent,    constitutional   provision    10 

every   magisterial   district   a    school    district 11  2 

present    districts    and   sub-districts    to    remain    until   changed    by   law  11  2 

District  High  School: 

may  be  established  by  vote  of  people 25  30 

notice  of  election  for  to  be  posted    25  30 

shall   be   discontinued,    when    27  31 

District    Institutes    (See   Institutes,    District.) 

District    Supervision: 

board  may  establish ;  shall  establish,  when 68  163 

board  to  establish  rules  and  regulations  for 68  163 

superintendent,     appointment     of     68  1 63 

salary     of     superintendent 69  163 

to    make    reports 69  163 

board  may  take  charge  of  schools  so  supervised 69  I  6  i 

Division  : 

of    districts     11 

of  village  by  district  or  county   line    13  11 

of  expenses  in  case  of  transferred  pupils    38  67 


l.M  Index. 

-Continued.  Page.         Seo. 

of     funds     with     colored    schools     39  71 

Drunkenness : 

persons   addicted   to   debarred   from   examination    43  83 

revocation    of   certificates   because    of    44  86 

Duplicate  of  certificate  to  be  filed    35  57 

Duration    of    certificates     4'4  87 

Duties: 

of    state    tax    commissioner    and     attorney    general     23  26 

of     state     superintendent      57  126 

of   county    superintendents    (Sec   County   Superintendent.) 

of    district    superintendents     68  163 

of  board  of  education    (See  Board  of  Education.) 

of   secretary    of   board    31  45 

of    board    of    the    school    fund     65  152 

of    the    state    board    of    education    58    130-136 

of   the    state   board    of   examiners    59     132-136 

of     truant     officers      40  73 

of  teachers  (See  Teachers.) 

of  sheriff  (See  Sheriff.) 

of  clerk  of  county  court.  (See  Clerk  of  County  Court.) 

teachers    exempt    from     48  97% 

of     assessor      32      48  &  49 

Election: 

special      67  160 

for   extension    of   term;    notice   of  to  be   published    23  27 

for    levies,    how    held     21  23 

special  for  levies;   ticket  for;    order  for  to  be  published    21  23 

on   question    of   district   high   school    25  30 

on    question    of   bond    issue    29  39 

Election  of  board  of  education    11  3 

Election    of    county    superintendent 52  113 

Election   laws,    general,    to    apply   in    special   elections    20     22  &  23 

Elementary    agriculture     41  78 

Emergency    certificate     46  92  % 

Employer  guilty  of  misdemeanor,   when    40  74 

Endorsement   of   teachers    certificate   by   secretary,    required 35  57 

Endorsement    of   orders   by   sheriff    63  145 

Enforcement   of   compulsory   attendance    40  73 

Enumeration  : 

distribution   of  school   fund  according  to    30  40 

of    pupils    transferred     38  66 

to  be  taken  and  reported  by  teacher 49  101 

register    of    to    be    returned    or    salary    withheld     49   100&102 

to     include     what      49  101 

to    be    taken    in    what    classes    50  102 

report   of  to  be  delivered   to  secretary,    when    50  102 

report   of   to   be   verified   by    affidavit    50  102 

secretary  to  have  taken,   when    50  103 

compensation     for    taking;     when,     from    what    fund     50  103 

record    of    to    be    kept    by    secretary     50  104 

record  to  be  sent   to   county  superintendent    50  104 

summary    of    to    be    sent    to    state    superintendent     50  104 

Enrollment    fee ;    county    institute     51  109 

Equipment   of  schools  to  be  examined    55  122 

Estimates  of  improvements  and  repairs,   to  be  made  to  board  by  trustees  37  63 

Estimate  of  amount  to  be  raised  by  additional  levy    20  22 

Estimate   of   amounts    needed    and    necessary    levies    17  21<? 

objections    to    must    be    heard     17  21c 

Examination   and   graduation   of  pupils    42  79 


Index.  155 

Page.         Sec. 

Examination    of    buildings    by    county    superintendent     55  122 

by    trustees     36  60 

Examination    in    reading    circle    course     52  112 

Examination  of  Teachers: 

in   kindergarten   schools    28  34 

time   and   place   of    42  80 

all  matters  relating  to  under  control  of  state  superintendent    42  80 

county  superintendent  to  designate  place  of    42  80 

expenses  of;   from  what  fund  paid;   limit  of 42  81 

to   include    what    subjects    43  82 

applicants    to    receive    highest    grades     43  82 

who  to  be  debarred  from 43  83 

manner    of    conducting     43  83 

grades    of    certificates    issued    from     44  84 

fraud   in   connection   with ;    penalty   for    45  88 

county  superintendent  to  conduct 46  90 

assistants    for;    number    of;    compensation    of    46  90 

persons  to  oversee  may  be  appointed  by  state  superintendent 46  90 

fees  for;   how  disposed  of   46  91 

for    primary    certificates     47  93 

for    high   school   certificates    47  94 

compensation    of    county    superintendent    for    conducting     54  118 

by  state  board  of  examiners    (See  State  Board  of  Education.) 

Examination     fees     46  91 

Examination   questions,   state   board  of  education   to   assist    in   preparing  58  131 

Examiners,  State  board  of   (See  State  Board  of  Education.) 

Exceeding  maximum  rate  of  levy;  penalty  for 22  25 

Exclusion    of    pupils ;    when ;    by    whom     48  97 

Excuse   from   institute    attendance    51  106 

Exemption : 

of  school  property  from  execution,  etc 13  9 

from   application   of  compulsory  attendance   law    40  72 

of  teachers  from  certain   duties    48  97  Vz 

Expenditures : 

current ;     additional    levy    for     20  22 

unlawful    by    board,    penalty    for     22  25 

Expense : 

divided  in  case  of  transferred  pupils 38  67 

of  conveyance  of  pupils    38  68 

Expenses : 

of  state  superintendent's  office;    how  provided   for    30  40 

traveling,    of    state    superintendent     30&56     40&124 

of    trustees     37  64 

of  examination   of  teachers    42  81 

of    conducting    uniform    examinations     46  91 

of    institutes     51  108 

of    state     board     of    education     58  131 

of  members  state  board   of  control Appendix   A  105  1 

of  members  state  board  of  regents "  113  17 

Experiment   Station,   the   'West   Virginia    (See   We6t  Virginia   University.) 

Expulsion    of    pupils ;    when ;    by    whom     48  97 

Extension  : 

of    school   term    

of  term   in   graded   schools    

Failure: 

of   trustees   to   employ   teachers    15 

of     sheriff     to     pay     orders      

of     sheriff     to     make     settlement      

of    board    to    settle     


23 

27 

25 

28 

15 

16 

63 

145 

64 

140 

64 

148 

156  Index. 

Fees:  Page.  Seo. 

institute    enrollment     51  109 

tuition    (Seo   Tuition   Fees.) 

examination   for  state   certificate  how  disposed  of 60  136 

for    renewal     of     certificates     4  4  87 

uniform   examination  ;    how   disposed   of,   etc 46  91 

Filing   duplicate   of  certificate   with   secretary    35  57 

Fine  : 

against   school   officers   for   excessive   expenditures,    etc 22  25 

for  violation  of  compulsory  attendance  law;   paid  to  sheriff    .  ...40&41      72  &  76 

against    employers    for    what    40  74 

against     county    superintendent;     for    what     45  88 

against   persons   tampering   with   questions,    etc 45  88 

against  sheriff;    how  recovered    64  147 

against    board     failing    to    settle     64  148 

against  school  officers  and  teacher,  acting  as  agents,  etc 66  &  67   157&158 

for    certain    offenses,    against    officers    and    teachers 67  159 

for   failure   to  perform   certain   duties    33  50 

for  violation   of  child  labor  law Appendix  A  126  3 

Fires,   Building  of  in   Schools: 

under  direction   of  trustees    36  61 

compensation    for     3g  61 

to   be    paid    for    from    building   fund    37  61 

Fiscal     affairs,     statement     of      16  21 

Flags    displayed     gg  162 

Floating    indebtedness ;    how    provided    for     21  24 

Forfeitures  of  sheriff    (See  Sheriff.) 

Forfeitures  and  fines  to  go  to  what  fund 30  40 

Forfeiture    of    office     22  *>5 

Forms  and  blanks ;   state  superintendent  to  prescribe    57  126 

Forms   and   Instructions    (See   Appendix   B.) 

Forms   of   Instructions: 

to  be  prepared  by  tax   commissioner    23  26 

to  be  prepared  by  attorney  general    23  26 

to   be   prepared   by   state   superintendent    57  126 

(See  also   Appendix   B.) 

Fraud   in    Examinations: 

on  part  of  county   superintendent;    penalty   for    45  88 

on    part    of    other    persons ;     penalty    for     45  88 

Free    instruction,    to    whom    granted     38  69 

Free   Schools;    (See   Schools.) 

Free    Text-Books: 

board    may    purchase     28  35 

shall   enter   of  record   order  to  purchase    28  35 

secretary   to   have   charge   of    28  35 

teachers  to  distribute  and  have  control  of 28  36 

secretary    to    take    receipt    for    from    teachers     28  36 

teachers    to    collect    and   deliver    to    secretary    28  36 

pupils  to  be  held  responsible  for  injury  or  destruction  of 28  36 

to  be  purchased  directly  from  publishers,  contract  with    29  36 

Fund,   the   Building    (See   Building  Fund.) 

Fund,  the  General  School   (See  General  School  Fund.) 

Fund;    (See   School  Fund.) 

Fund,   the  Teachers'    (See  Teachers'   Fund.) 

Fund,    Supplementary    (see    Supplementary   Fund.) 

Fund,     Sub-District     (See    Sub-District    Teachers'    Fund.) 

Funds,   to  be  divided  with  colored  schools    39  71 

Furniture: 

to   be   provided    14  13 


42 
43 


Index.  157 

Furniture.— Continued.                                                                                                       Page-  Sec> 

to   be   kept    in    repair    14 

for  joint  schools    (See  Joint  Schools.) 
General    School   Fund: 

sum  due  from  to  be  deducted ;   when    17 

to  be  made  up  from  what    30 

shall  be  apportioned  and  distributed  according  to   what    30  40 

to  be  used  for   what    30  40 

auditor  to   deduct   what    30 

not  to  be  less  than   seven   hundred    and  fifty   thousand   dollars....  30  40 

transfer  to  from  state  fund  may  be  made;   when  and  by  whom 30  40 

may    be    made    one    million     dollars;     when     30  40 

auditor  to  ascertain  amount  of  to  be  distributed  and  report  same  to 

state    superintendent     30  41 

state  superintendent  to  ascertain  proper  share  of  due  to  each  county  31 

can  not   be   drawn  by  board  until  when    31 

requisition   for   to   be   made,    when    31 

payable  to  counties  in  two  installments    31  43 

expenses    of    uniform    examinations    paid    from     42  81 

General  supervision   of  schools;    constitutional  provision    7 

Gifts  to  institutions   accepted  by  board   of  control Appendix   A  112  15 

Girl's    Industrial    Home     10° 

Governor : 

state    superintendent    to    make    report    to    57  127 

to  lay  before  legislature  auditor's  report  of  condition  of  school  fund  65  151 
to  appoint  various  boards    (See  under  each  State  institution.) 

Grade    of    certain    certificates    48  95 

Grades   of   uniform    certificates    43  84 

Graded  Schools : 

may    be    established    by    board    13  11 

definition     of      * 68  161 

board  may  establish  in  certain  towns   and  villages  under  what  con- 
ditions        24  28 

extension    of   term    in ;    manner    of    25  28 

cost  of  extension  of  term  in  not  to  exceed  what 25  28 

proceeds   of   levy   for   to   be   known    as    "sub-district   teachers    fund."  25  28 

subjects    taught    in     41  78 

course   of   study   for 58  131 

Grading     of     manuscripts      43  84 

Grades    of    certificates    44  84 

Graduates   of   Certain    Schools: 

to  receive  certificates  of  first  grade  on  graduation,  without  examina- 
tion        46  92 

to  receive  state  professional  certificates,   when    59  132 

Graduation    of    pupils     42  79 

Grammar  school,   definition  of 68  161 

Grounds    to    be    improved     14  13 

Harboring    children    unlawfully    40  74 

High    School: 

definition    of     68  161 

may  be  established  by   board    13  11 

levy   for    18  21c 

may  be  established  in  villages  with  four  or  more  schools 24  28 

extension    of   term    in     24  28 

levy  for  not  to  exceed  what 24  28 

board  of  education  to  have  charge  of    24  28 

classification    of     26  30 

state     aid     for      26  30d 

to  be  open  to  whom    24  28 

district    (See   District   High   School.) 


158  Index. 

High  Schools. — Continued.  Page.          Sec. 

subjects    taught     in     42               78 

course   of  study    for    : 58             1.31 

High    School   Teachers'    Certificate: 

ited   when    and   under   what   regulations    43  &  47      82  &  94 

examination    for    47              94 

renewal    of 47              94 

grade    of    determined    48              95 

Holidays: 

list    of    Appendix    A  124                  1 

schools  not  to  be  kept  open   on    36              59 

counted  as  days  taught,   when    36              59 

definition     of     68            161 

Home   for   Girls,    West   Virginia   Industrial    100 

Houses,   school    (See   School   Houses.) 
Houses   and    Sites: 

to  be  examined  by  president  of  board    13               10 

to  be  retained,   when    13              iq 

to     be     sold,     when      13               ^q 

Immoral   Character: 

persons    debarred    from    examination    because    of    43              83 

certificates    may    be    revoked    because    of     44              35 

Immorality  or  neglect  of  duty;   county  superintendent  to  report 45               89 

Imprisonment;     employer    may    be    punished    by,    for    what     40               74 

Improvement    of    school    grounds     14               13 

Improvements;    legislature  to  encourage ;    constitutional  provision 10 

Improvements   and  repairs,   estimate  of  to  be   furnished  by  trustees 37               63 

Incompetence  on  part  of  teachers  to  be  reported    56             122 

Increase   or   decrease   in   number   of  sub-districts    13               n 

Indebtedness,    Bonded: 

constitutional     provision     for     7 

additional   levy  to  pay   interest   on    20               22 

Indebtedness,    floating;     how    provided    for     21               24 

Indebtedness  unlawfully  incurred  by  board;   penalty    22               25 

Independent  districts;    constitutional  provision    10 

Indictment;    county   officers    subject   to;    constitutional   provision 6 

Industrial    Home    for    Girls     100 

Infectious     diseases     4g               q- 

Injunction ;    school    officers    may   be    removed    by    22              °5 

Inspection,   medical    (See   Medical  Inspection) 

Inspection   of  secretary's  record  may  be  made    31               45 

Inspection   of  school   houses   by   trustees;    when   made    36               60 

Institutes,    County: 

president  and  members  of  board  to  attend;   to  be  held,   when,   where  50             105 

teachers    required    to    attend     51             ■■  Q6 

county     superintendent     may     excuse     teachers     from     attending     when 

0nly      51             106 

compensation   for   attending;    from  what   fund   paid    51             i06 

failure    to    attend   to    debar    from    teaching    51             i06 

instructors    for;    qualification    of    51             10^ 

pay   of   instructors   for    R1              ,  „0 

„                  .             ,                                                                  *>-!■                ±Uo 

enrollment     fee ;     how    used     51             ,  og 

account   of  expenses  to  be   approved  by   institute    52            109 

tified  list  of  persons   enrolled  to  be   sent   to  state   superintendent  52            110 

Institute,    District : 

number  of  to  be   held    =„ 

credit    for    attendance    *-„ 

^            111 

Institute,     the     Bluefield     Colored     g6 

Institute,   the    West   Virginia   Colored    g2 


Index.  159 

* 

Instruction :  Page.  Sec. 

free,    to    whom    granted     38  69 

in     what     branches    required     41  78 

Instructions : 

of   tax    commissioner    to    be    followed    in    what    23  26 

of  attorney  general  as  to  elections    23  26 

Instructors   for    county   institutes    (See    Institute,    County.) 

Insurance    of   sta:e    institutions Appendix    A  112  16 

Interest : 

charged  against  sheriff,   when    64  146 

on   bonded   indebtedness,   provision   for    20  22 

levy  for  may  be  continued  without  additional  vote  until  when 21  22 

on  bonds  must  be  provided  for    29  39 

Intermediate    School ;    definition    of    68  161 

Interpretation    of    school    law    57  128 

Investment    of   the   School   Fund    65  152 

Joint   Schools : 

how    provided     16  18 

title   to   buildings    for    16  18 

terms  of  agreement  to  be  reduced  to  writing    16  18 

shall  be  provided  with  furniture,  etc 16  18 

Judgment   against  board   of  education    64  150 

Judgment    against    sheriff,    when     63  145 

July,   first   Monday   in,   board  to   hold   first  meeting    24  27% 

Jury,    teachers    exempt    from   serving   on,    when    48  97% 

Justices   to   remit   fines   to   sheriff    41  76 

Keyser    Preparatory    Branch    of    the    West    Virginia    University    79 

Kindergartens: 

board   may   establish    in    what    schools    28  34 

who   admitted  to    28  34 

teachers    of,    qualifications    for     28  34 

Land,  condemnation  of  for  school  purposes 15  15 

Law,  the  school   (See   School  Law.) 

Laws  governing  general  elections  to   apply  in   special   elections    20  22 

Legislature: 

to    prescribe    terms    of    office;     constitutional    provision     5 

to  provide  free  schools;   constitutional  provision    7&9 

to  encourage  improvements;   constitutional  provision    10 

power    of    to    levy;     constitutional    provision     6 

Levy: 

vote     on      16  20 

ballot    for    vote    on     16  20 

rate    of   to    be    set    forth    in    statement    17  21c 

may    be    corrected;    how    17  21c 

to  be  laid   after   corrections   made    18  21c 

for  building  fund ;  maximum  rate  of    18  21c 

for   teachers'    fund;    maximum   rate    of    18  21c 

for  support  of  high  schools    18  21c 

increase    in   to   pay    interest    on    outstanding    bonds    18  21c 

additional    (See  Additional  Levy.) 

for  interest  on  bonds  and  for  sinking  fund    20  22 

for   bonded   indebtedness;    continuance   of;    use    of    21  22 

elections  on ;     how  held    21  23 

special  debt   (See  Special  Debt  Levy.) 

iiKiximum    rate    of    may    not    be    exceeded     22  25 

special  for  extension  of  term;  fund  to  be  known  as  what 25  28 

delinquent    lists    for     31  44 

assessor's  certificate  of  valuations  to  serve  as  basis  for 32  48 

rate  of  to  be  reported  by  secretary;  when,  to  whom    33  49 

specific,    may    be    ordered,    when    64  150 


160  Indkx. 

Page.         Sec. 

stitutional    provision    concerning    9 

power   of  legislature   to  lay;     constitutional  provision 6 

Liability  of  school  officers  to  action  by  state,  when 22              25 

Libraries,   School  : 

number  and  value  of  volumes  in  to  be  reported  by  trustees 37               63 

(See  also   Books  for  School  Libraries.) 
Librarian  : 

may    be   appointed  by  trustees,  when    29              38 

compensation    of    29              38 

to    open    library,    when     29               38 

who    may    draw    books    from     29                38 

Limit   of   special    debt    levy    22               24 

Limitation    on    bond    issue     29               39 

Location  of  Schools : 

to    be    determined    by    board     13               11 

to  be   determined   with  reference  to   convenience   of  pupils 14               13 

Location  and  Plans  : 

to  be   approved  by  county   superintendent    15               14 

to  be  selected  by  county  superintendent,  when   15               14 

Magisterial  districts  to  be  school   districts    11                  2 

Mandamus  : 

school  officers  may  be  removed  by 23               25 

to    compel    division    of    funds     39               71 

payment   by   sheriff  may  be   enforced   by    64             150 

Manual    of    course    of    study    42               79 

Manuscript,    examination ;    transmission    of    43               83 

Maximum  Rate  of  Levy : 

for    building    fund     18               21c 

for    teachers'     fund     18               21c 

Medical    Inspection: 

provision    for     Appendix    A  121 

appointment   of   physicians    as    inspectors "            "  121 

duty    of    inspectors "           "  121 

record   of  inspection,    form   of "           "  122 

notice   of   symptoms   to   parents "           "  123 

Meeting  of  presidents  to  appoint  county  superintendent,  when   53            116 

Meetings  of  Board  of  Education : 

first;    when   held;    business  to  be  transacted    24               27% 

second;    when  held;   business   to  be   transacted    17              21 

third;  when  held;  business  to  be  transacted 17              21c 

monthly    and    special     2  7               32 

Meetings  of  board  of  school  fund;   when,  where    65    1     2&153 

Meetings,  literary  and  religious  may  be  held  in  school  houses;   conditions  37               62 

Meetings    of   trustees    34              53  % 

Member    of    Board: 

must    vacate    office,    when     12                  5 

oath   of ;   when  to  be  taken    12                  6 

compensation    of    27               33 

Method  of  making   settlement,   sheriff's    62            141 

Mileage   of  state   board   of   examiners    60            135 

Minimum   amount   of  general   school   fund    30               40 

Minimum   Salaries  : 

for    different    grades    of    certificates     24               27% 

may    be    exceeded,    when     25               29 

Minimum     school    term     18               21c 

Misdemeanor : 

school  officers  guilty  of,  when    22  25 

assessor,  clerk  of  county  court,   secretary,   or  county  superintendent, 

guilty    of,    when     33               50 


Index.  161 

Misdemeanor. — Continued.  Page.  Sec. 


74 
72 


parent    or   guardian   guilty    of,    when    40 

employers    guilty    of,    when     39 

countv   superintendent   guilty   of,    when 45  88 

148 
157 


159 
89 


132 


board  of  education  guilty  of,  when    64 

to   act   as   agent,    penalty    66 

Money  for  school  purposes   collected   and  distributed  by  sheriff 61             137 

Montgomery  Preparatory   Branch  of  the  West  Virginia   University 78 

Name  and  address  of  county  superintendent  to  be  certified    53             115 

Narcotics   and   alcoholic   drinks;    special   instruction    concerning    42 

Neglect  of  duty  on  part  of  school  officers,  fine  for 67 

Neglect  of  duty ;    county  superintendent  to  report    45 

Non-attendance    (See    Compulsory    Attendance.) 
Normal  Schools: 

graduates    of    to    receive    uniform    certificates    without    examination, 

when      46               92 

graduates    to    receive    state    certificates,    when    59 

constitutional     provision      10 

(See    also    State    Normal    Schools.) 

Normal     training     for     colored     teachers      77             188 

Notice : 

of    elections    for    special    bond    levy     21               23 

of   election    on    question    of    district    high    school    30               30 

of  violation  of  compulsory  attendance  law;  wh«n  required;  when  not 

required      40              73 

of  meeting  of  presidents   to   appoint   county   superintendent    53             114 

Notification   of  trustees   of   appointment    34               53 

Number  and  location  of  schools  to  be  determined  by  board 13              11 

Number  of  sub-districts  may  be  increased  or  decreased   13               11 

Number    of   teachers;    board    to    determine,    when     24               27% 

Oath: 

of  members   of  board    12                  6 

of   secretary    of   board    31               45 

may   be    administered   by   secretary;    for   what   purpose    32               47 

of    trustees     34               53 

of     county    superintendent     53             115 

of  members  of  board  of  regents Appendix  A  115               24 

of    office ;    constitutional    provision     5 

Objections   to   estimate    and   proposed   levy    17              21c 

Objections  to  sheriff's  settlement    (See  Sheriff.) 

Obligation   unlawfully  incurred   by   board;    penalty   for    22               25 

Offense   against    compulsory    attendance   law    39               72 

Officers    of   board    of   school    fund     65             152 

Officers,    county,    subject   to   indictment;    constitutional   provision 6 

Officers,   school    (See   School   Officers.) 

Order    of   proceedings    at    annual    meetings    of   board;    Appendix    B. 

Order  for  purchase  of  free  text-books  to  be  entered  of  record 28               35 

Orders  : 

outstanding,  may  be  paid  by  special  levy    21               24 

for  teachers'  salary;  drawn  by  whom;  signed  by  whom 49               99 

paid   by   sheriff,    when 61             138 

failure   of  sheriff   to   pay    63             145 

Outstanding  bonds;    increase   in   levy   for    18              21c 

Overseers    for   examination    may   be   appointed    46               90 

Parent  or  Guardian: 

to    be    notfied,    when     40               73 

complaint    against      40              73 

Payment : 

of   teachers    49             99 

of  salary   of   county   superintendent    55            120 


162  Index. 

Payment,— Continued.  Page.  Sec. 

of    school     orders     61&63   138&145 

in   excess   by   sheriff    62  140 

of   order;   by   sheriff   may   be   enforced   by   mandamus    64  150 

Of     bonds      29  39 

of   tuition   required   of   whom    39  69 

Penalty  : 

ii-i   employer,  when   (See  also  Child  Labor  Law) 40  74 

for   violation    of   compulsory    attendance    law    40  72 

upon    county    superintendent    for    committing    fraud    in    examinations  45  88 

upon   county  superintendent   for   failure  to  make  report 55  120 

for  tampering  with  examination  questions   and  manuscripts 45  88 

upon     sheriff ;     for     what      63  145 

for   acting   as   agent    60  157 

for    being    interested    in    contracts     67  158 

not     otherwise     provided      67  159 

upon  board  of  education  for  unlawful  expenditures,  etc 22  25 

upon  board  of  education  for  exceeding  maximum  rate  of  levy 22  25 

vpou  assessor,  clerk  of  county  court,  secretary,  or  county  superinten- 
dent,    for    what     33  50 

Personal  property;   taxes  levied  on  to  be  extended  on  proper  book 33  49 

Petition : 

for    longer    term     23  27 

for  longer  term  in  graded  schools 25  28 

for    consolidation    of    schools    38  68 

for   discontinuance   of   district   high    school    27  31 

for    district    supervision     68  163 

for   librarian   for    school   library    29  3S 

Place    aud   time    of  holding   examinations    42  80 

Plans    and    Location    for    School    Building: 

to  be  approved  by  county  superintendent 15  14 

to  be  selected  by  county  superintendent,   when    15  14 

Poll  books   and  tally  sheets  for  special  election  to  be  furnished  by  whom  21  23 

Power   of   legislature   to   levy ;    constitutional   provision    6 

Powers    of   board    as    a    corporation    12  7 

Preparatory  Branch  of  the  West  Virginia   University  at  Montgomery.  ...  78 

Preparatory    Branch    of    the    West    Virginia    University    at    Keyser     ...  79 
President  of  Board  of  Education: 

election     of     11  3 

to   examine   houses   and   sites    13  10 

compensation    of    27  33 

to  attend  county  teachers  institutes    27  33 

to    sign    teachers'     orders     49  99 

to     sign     sheriff's     settlement     62  141 

to    appoint    county    superintendent,    when     53  &  54   114&116 

Primary   Teachers'   Certificate : 

subjects   of   examination    for   to   be   prescribed   by   whom    43,47&58   82.93&130 

valid    in    what    grades    and    schools     47  93 

requirements     for     47  93 

grade    of    determined     48  95 

Primary   school,    definition    of    68  161 

Principals  to  report   cases   of  truancy    41  75 

Proceedings   of   board,    abstract   of    32  46 

Proceeds  of  special  debt  levy  not  to  be  used  for  other  purposes 22  24 

Proceeds  of  sale  of  property  to  be  added  to  building  fund    13  10 

Process: 

may   be  served   on   board    12  8 

copy    of    to    be    delivered    to    whom     12  8 

Professional  certificates    (See  State  Professional  Certificates.) 

Prohibition    concerning    appointment    of   teachers    35  58 

Prohibition    of   certain    acts,    applying   to   board    22  25 


Index.  163 

Property:  PAQE-  Sec- 

exempt   from    execution    13 

to  be  inspected;  may  be  sold 13  10 

aggregate  of  to  be  set  forth  in  statement    17  21c 

taxable   to   be    classified   in   statement    17  21c 

personal,    to    be    listed    separately     17  21c 

assessed  by  B.  of  P.  W.  to  be  listed  separately    17  21c 

Prosecuting   Attorney : 

may    require    correction    in    sheriff's    settlement     63  143 

to     proceed     against     sheriff,     when      64  147 

Provisions   as  to  certain  funds    -1  24 

Provisions   must   be   made    for    interest    on    bonds     29  39 

Publication    of    order    calling    special    election     21  23 

Pupils : 

to  be  held  responsible   for  injury  or  destruction   of  text-books 28  36 

transferred ;    where    enumerated    38  66 

transportation    of     38  68 

examination    and   graduation    of    42  79 

colored    (See   Colored   Youth.) 

under  control  of  teacher,  when,  where 48  97 

may    be     excluded,     when      48  97 

may   be   suspended,    when,    by   whom    48  97 

may   be   expelled,    when,   by   whom    48  97 

Purchase  of  certain  supplies  by  trustees 36  61 

Qualifications : 

of   kindergarten   teachers    28  34 

of    trustees     34  53 

of     institute     instructors     51  107 

of    county    superintendent     54  117 

of   state    superintendent    56  124 

Questions    for    Examinations: 

preparation    and   transmission    of    43  S3 

state   board    of    education    to    assist    in    preparation    of,    when     58  131 

tampering    with;    unlawful    possession    of;    penalty     45  88 

Quorum: 

of    board    of    education     27  32 

of    trustees     34  53 

Rates  of  Levy : 

maximum   for   teachers'    and   building   funds    18  21c 

to  be  set   forth   in   statement    17  21c 

to  be  reported  by  secretary,  when,  to  whom    33  49 

Reading   Circles: 

state  superintendent  to  prescribe  course  for;   in  what  subjects 52  112 

examination    in    course    of     52  112 

certificates   of   proficiency   in    52  112 

Real  Esta 

to    be    listed    separately    17  21c 

taxes  levied  on  to  be  extended  on  proper  book 33  49 

Receipts    for    amounts    expended    in    examination    46  91 

Recognition    of    certificates    issued    in    other    states     59  133 

Reconsideration   and   correction  of  estimate  and  levies    17  21c 

Record : 

of   objections    to   estimate    and    levies    17  21c 

trustees,   of  proceedings    34  53 1£ 

of    enumeration     50  104 

of    state    board    of    examiners     60  133 

of    sheriff's    settlements    with    county1    court     62  142 

of  proceedings  of  board  of  school  fund 65  152 

Record,    Secretary's: 

to    be    signed    by    whom     ;:  1  45 

to    be    open    to    inspection     32  45 


164  Index. 

Record,    Secretary's.— Continued.  Page.  Sec. 

to  be  delivered  to             sor    32  45 

Recovery    of    fine    against    sheriff  64  147 

mi    School,    the    West     Virginia     93 

Regents,  State  Board  of  (See  State  Board  of  Regents.) 

Reg(  ats: 

of  Wesl   Virginia    University    69  167 

of     State     Normal     schools     73  178 

of   West   Virginia  Colored   Institute    84  206 

of    Bluefield    Colored    Institute     86  212 

of    Preparatory    Branch    at   Montgomery    78  190 

of    Preparatory    Branch    at    Keyser    80  197 

of    the    West    Virginia    Schools    for    the    Deaf    and    the    Blind     ....  88  220 

of    the    West    Virginia    Reform    School     93  237 

of   the    Industrial   Home    for    Girls    100  254 

Register  of  Certificates: 

state  superintendent's    45  87 

county    superintendent's    45  87 

Registers   and   reports,    teachers'    48  98 

Regulations: 

concerning     school     libraries      29  38 

concerning    use    of    school    houses     37  62 

concerning   the   uniform   system   of   examinations    42  80 

Relationship    exclusion    35  58 

Removal: 

of    school    officers     23  25 

of    trustees     from     office     34  54 

of     teachers      35  58 

of  members   of   state   board  of   control Appendix  A  105  1 

of  members  of  state  board  of  regents "  113  17 

from    office ;    constitutional    provision    5 

Renewal: 

of   first    grade    certificates ;    fee    for    44  87 

of    high    school    certificates     47  94 

of     state     professional     certificates      48  96 

Repair : 

of  furniture,   apparatus,   etc 14  13 

of    sclioul    building;    bond    for     16  19 

Repairs  and  improvements,  estimate  of,  trustees 37  63 

Report : 

auditor's   concerning  the  general  school   fund 30  41 

concerning  rate  of  levy;    secretary's;    county  superintendent's 33  49 

of  trustees  to  board ;   to  show  what    37  63 

of    expenses    trustees     37  64 

teacher's,    principal's    and    superintendent's    to    truant    officer     41  75 

of  immorality  or  neglect  of  duty  on  part   of  teachers 45  89 

of  collections  and  disbursements  on  account  of  uniform  examinations  46  91 

cretary  must   be  made  before  salary   is  paid    34  52 

of    teacher    47  98 

of  enumeration    49  100 

of  schools   visited,    county   superintendent's 54  119 

of  state  superintendent,   to  include  what 57  127 

of  state  hoard   of   education 60   133&136 

of    auditor    concerning    condition    of    the    school    fund    65  151 

of   district    superintendent    69  163 

of  levies  ;     constitutional  provision 9 

of  board   of  regents Appendix   A  114  20 

Report,   County  Superintendent's: 

delay    in    making;    penalty    for    55  120 

made    up    from    what    56  123 


Index.  165 

Report,  Secretary's:  Page.          Sec. 

to   whom   made    33  51 

when     made     33  51 

compiled    from    what     33  51 

Reports  to  be  made  with  reference  to  school  year 11                  1 

Requirements    for    primary    teacher's    certificate     47  93 

Requirements   for   high   school  teacher's   certificate 47  94 

Requisition  for  general  school  fund  made  by  board 31  43 

Requisitions,  state   superintendent  to  sign 57  125 

Residence    of   state   superintendent 56  125 

Restrictions    concerning   purchase    of   books    for   school   libraries    29  37 

Return  of  delinquent  lists    31  44 

Review  of  teacher's   action,    when,    by   whom    -   48  97 

Revision  of  action  of  trustees    37  65 

Revocation  of  certificates    44  86 

Rules  and  regulations   for  district   supervision 68  163 

Salary : 

of  state  superintendent    30&56     40&124 

of    district    superintendent     69  163 

of  members  state  board  of  control Appendix   A  105                  1 

of    members   state    board    of    regents "            "  113  17 

of  employes  state  board  of  control "  107                 7 

Salary   of  County   Superintendent: 

how    determined     54  118 

deductions    from     55    119&120 

payment    of    55  120 

for  fourth   quarter  not   payable  until  when    55  120 

Salary  of  secretary  of  board : 

to  be  paid  from  what    33  52 

to  be  paid  how  and  when    33  52 

Salary  of  teachers: 

to    be    discontinued,    when     15  17 

may    be    fixed    above    minimum,    when    19  21c 

board  to  fix  at  first  meeting    24  27  % 

regulated  by  grade   of  certificate    24  27 % 

minimum    for    each    grade    of    certificate    24  27% 

may  not  be  transcended  or  diminished  by  trustees    24  27% 

paid    how     49  99 

balance   of  not  paid  until   when    49  100 

additional    (See   Additional   Salary.) 

Sale    of    school    property     13  10 

Saturday    not    a    school    day    36  59 

School : 

definition    of    67  161 

attendance  at  permitted   to   whom    38  69 

Schools : 

to  be  provided  for  by  legislature;    constitutional  provision    7 

to    be    taught     15  16 

may   be   discontinued,    when 15  17 

joint    (See   Joint   Schools.) 
graded    (See   Graded   Schools.) 

not  to  be  kept  open  on  Saturdays  or  holidays 36  59 

to  be  visited  by  trustees    36  60 

consolidation    of     38  68 

graded   and    high ;    subjects    taught    in    41  78 

money  for  collected  and  disbursed  by  sheriff 61  137 

for  deaf  and  blind   (See  West  Virginia  School  for  Deaf  and  Blind.) 
State  Normal   (See  State  Normal  Schools.) 

School     calendar      3 


1 66  Index. 

Schools    for    Colored    Youth:  Page.  Seo. 

must    be   established    39  7° 

shall    have   share    of    fund    39  71 

board  may  be  compelled  by  mandamus  to  divide  funds  with   39  71 

School  Board    (See  Board  of  Education.) 

School   Books   (See  T' \t-Books,  Appendix  A.) 

School    Districts    (See    Districts.) 

ol   Fund,   the   General    (See   General   School   Fund.) 

School    Fund,    tin: 

constitutional    provisions    concerning 8   v 

constitutional  amendment   concerning    9 

income    from    to    go    to    what    30  40 

auditor  to  report  condition  of 65  151 

the    board   of;    duties    of;    officers    of    65  152 

meetings    of   board    of,    to   be    held    where    65  152 

record  of  proceedings   of  board   to  be  kept    65  152 

meetings    may    be    held    when     65  153 

collection    of   money    due    66  154 

hoard  of  may  appoint  agents  to  collect  claims 66  155 

board    to    require    bond    of    agents    66  155 

agents   to  execute   deed,   when    66  155 

compensation    of    agents     66  155 

School   grounds   to   be    improved    14  13 

School   Houses : 

to  be  retained,  when ;  to  be  sold,  when    13  10 

number  and  location   of    13  11 

to   be   located   with   reference   to   what    14  13 

for  joint  schools   (See  Joint  Schools.) 

exempt    from    execution     13  9 

may    be    provided    jointly     16  18 

to  be  kept  in  order  by  trustees 36  61 

may    be    used     for    what     37  62 

regulations    for    use    of     37  62 

to  be  examined    55  122 

School  Law: 

to  be   published   by   state   superintendent 57  126 

interpretation   of    57  128 

School  Libraries    (See  Libraries  and  Books  for  Libraries.) 

School  Librarian    (See   Librarian.) 

School  Officers: 

not  to  be   interested  in   sale  of  books;     constitutional  provision 10 

oath  of;     constitutional  provision 5 

removal   of;     constitutional   provision 5 

terms   of;     constitutional   provision 5 

guilty  of  misdemeanor    22  25 

personally    liable,    when     22  25 

not  to  act  as  agents 66  156 

not   be    interested    in    contracts 67  158 

penalties    against     66  &  67      157,  158 

&  159 

School   Property    (See   Property.) 

School  Term    (See   Term.) 

School   Year: 

us  and  ends  when 11  1 

Mints    and   settlements   made   with   reference   to 11  1 

Seal,    State   Superintendent's    56  125 

Secretary  of  Board : 

oath    of   members    of   board   filed    with 12  6 

to   make   record   of   corrections    and   levy 18  21c 

to   furnish   poll   books,    etc.,    for   special   election 21  23 


Index.  167 

Secretary    of    Boards. — Continued.  Page.  Sec. 

to  post   notices  of  election  for  extension   of  term 24  27 

to  have  charge  of  free  text-books 28  35 

to  take  receipt   from  teachers   for  free  text-books 28  36 

board    shall    appoint,    when 31  45 

shall  not  be   a  member  of  board 31  45 

shall   take   oath    31  45 

shall  attend  all  meetings  and  keep  record 31  45 

record   of   attested   by   his   own   and   president's   signatures 31  45 

records  of  shall  be  open  to  inspection 32  45 

to  have  charge  of  all  records   and  papers 32  45 

records  of  and  documents  to  be  delivered  to  successor 32  45 

shall  post   abstracts  of  proceedings   of  each   meeting,   where,    when..  32  46 

shall  post  itemized  statement  of  settlement  with  sheriff,   where,  when  32  46 

may   administer   oath   to   whom 32  47 

assessor  shall  deliver   certificate   of  valuation   to,   when 32  48 

to  report  rate  of  levy  when,   to   whom 33  49 

penalty   upon ;     for   what 33  50 

to  make  statistical  report ;     when ;    to  whom 33  51 

salary   of    33  52 

compensation    for   report     34  52 

teacher's    contract    shall   be    filed    with 35  56 

teacher's  certificate  shall  be  filed  with 35  57 

original  of  teacher's  certificate  to  be  endorsed  by 35  57 

shall  return  expense  account  of  trustees  for  correction,  when 37  64 

truant   officers   to   make   statement   to 41  76 

to  issue  orders  for  teachers'   salary '. 49  99 

teacher's   term  report   returned   to 49  100 

report  of  enumeration  to  be  filed  with 50  102 

to  deduct  from  teacher's  salary,  when 50  102 

to   have   enumeration   taken,    when 50  103 

to   keep   record   of   enumeration 50  104 

to  transmit  record   of  enumeration   to   county   superintendent 50  104 

to  endorse  vouchers  or  orders  of  sheriff 62  141 

to  sign   statements  of  sheriff 62  141 

Service  of  Process    12  8 

Security;     contractors   to    give 16  19 

Settlement: 

to  be  made  with  reference  to  school  year 11  1 

with  sheriff,  statement  of  to  be  posted  by  secretary 32  46 

of  sheriff   with   boards 61  139 

of  sheriff  with   county   court 62  142 

Sheriff: 

general  school  fund  paid  to  order  of 31  43 

to   collect   and   account   for   taxes 33  49 

to  receive  tuition  fees  and  credit  to  teachers'  fund 39  69 

truant    officer    to    make    statement    to 41  76 

fines   to   be    paid   to 41  7G 

to  collect  and   disburse   all  school   money 61  137 

to    give    additional    bond 61  137 

to   keep   accounts    with   boards   of   education 61  138 

to    pay   orders,    when    61  138 

to  make  settlements  with  boards,    when 61  139 

to  be  cHarged   with   what 61  139 

to  be   credited   with   what 62  139 

not  to  receive  credit  for  payments  in   excess 62  140 

settlement  of  with  board ;     method  of  making 62  141 

vouchers   and  orders  of  to  serve  as  basis  for  settlement 62  141 

to  make  settlement    by   districts  with  county  court 62  142 

corrections  in  settlement  of  may  be  made  at  the  instance  of  whom.  .  63  143 


168  Index. 

Sheriff.— Continued.  Page-  Sec- 

settlement  of  with  boards  may  be  accepted  by  county  court,  when.  .  63  143 

commissions   of    63  144 

failure  of  to  pay  orders;    judgment  and  penalty 63  145 

shall  not  be  required  to  endorse  orders  before,    when 63  145 

failure  of  to  settle;    forfeiture  for 64  146 

ml  ion    against    64  147 

to   turn    over   balance   to   successor 64  149 

may   be  compelled   to  pay  orders  by   mandamus 64  150 

Sinking  fund,  may  be  provided  for;    when :     how 20  22 

Sites   and  buildings  to  be  provided  by  board 14  13 

Special  Debt  Levy: 

board  may  submit   question   of  to   voters 21  24 

limit    of    22  24 

board  may  continue  without  additional  vote  until  debt  is  paid 22  24 

.  proceeds  of  not  to  be  used  for  any  other  purpose 22  24 

treasurer  of,  to  keep  account  of  separately 22  24 

balance   from  to   revert   to   what 22  24 

Special  Election: 

order   for  to   be   published 21  23 

for  extension  of  term 23  27 

manner    of   holding,    etc 67  160 

State   may  maintain   action   against   school   officers 23  25 

State   Board  of   Control : 

creation     of     Appendix     A  105  1 

a    corporation     "  105  1 

how     constituted     "'  105  1 

appointment    of     "  105  1 

how    and    for    what    removed '  105  1 

salary    of    members     '  105  1 

expenses    of    members '  105  &  106    1  &  2 

offices    and    fixtures "  105  1 

to   give  entire  time   to   duties "  105  1 

not   eligible   to   other   positions "  105  1 

to    manage    and    control    certain    institutions "  106  3  &  4 

titles    vested    in "  106  5 

money  due  institutions   reported  to "            "  106  6 

to  appoint  a  secretary  and  clerks "  107  7 

salaries    of    employes    of "  107  7 

to  keep   a  set  of  books "  107  7 

to   examine   conditions    and   records   of   institutions.  .  .  .  107  7 

to     visit     institutions "  107  8 

to    summon    witnesses    108  8 

to    fix    number    and    compensation    of    assistants    and 

employes    of    institutions "  108  9 

to   investigate   charges   against   employes "  109  9 

to   recommend   removal   of   certain    officers "  109  9 

to  fix  salaries  of  officers  and  employes "  109  9 

to   pay    salaries    when "  109  9 

to  make  rules   for   its   conduct "  109  10 

to    purchase    supplies "  109  11 

to   publish    and   award   contracts "  109  11 

to  determine   kind  of  animals  to   be  slaughtered 110  11 

to   inspect   meats,   poultry,   etc 110  11 

to  have  no  interest  in  contracts  or  gifts "  110  11 

to    forfeit    office    when "            "  110  11 

to   employ   architects    "  111  12 

to   construct,   remodel   and   repair  buildings "  111  12 

to  prescribe  records  to  be  kept "  111  13 

to  make  report  to  governor "  111  14 


Index. 


169 


State    Board   of   Control. — Continued. 

governor  may   direct   to   make   investigation 

to  accept  gifts  for  institutions 

to  have  charge  of  insurance  of  institutions 

to  report   list   of  employes   to   auditor 

State  Board  of  Education: 

of  whom   composed ;     appointment   of 

to  perform  duties  of  state  board  of  examiners 

to   constitute   committee   on    course   of   study 

to   prescribe   and   publish   branches   for   examination    for    certain    cer- 
tificates       

to   assist   in  preparation   of   examination   questions,    when 

compensation   of    

to   hold   examinations    and   grant   State   professional   certificates 

to   issue   two   classes   of   certificates;     classes   defined 

to  issue  State  professional  certificates  without  examination;    to  whom 
to  issue  certificates  to  teachers  coming  from   other  states,   when.... 

to  keep   a   record   showing  what 

to  make  report  to  state  superintendent : 

compensation   for  conducting  examinations 

as  state  board  of  examiners  shall  make  a  report  setting  forth  what 
fees  from  examination ;    how  disposed  of 

State  Board  of  Examiners    (See  State  Board  of  Education.) 

State   Board  of  Regents : 

creation     of     Appendix     A 

a     corporation     

how  constituted    

appointment    of     " 

removal    of   members    of 

salary    of    members 

to  control  educational  departments 

to  employ  officers   and  teachers 

to    fix    salaries 

to  prescribe   courses   of  study   and  text   books 

to  publish   rules   and  regulations 

to  meet  with  board  of  control 

to  make  report  to  governor " 

to  furnish  data  to  state  superintendent  of  schools.... 

to  report  list  of  employes  to  auditor 

to  take   oath   of  office " 

State  Normal  Schools 

constitutional   provision    

Marshall   College    

Fairmont    Branch    

West  Liberty  Branch    

Glenville    Branch     

Shepherdstown    Branch    

Athens   Branch    

State  Professional  Certificates: 

examinations   for    

classes   of ;     to   whom    issued 

issued  after  three  years  experience  to  graduates  of  what  schools .  .  . 

first  class  issued  on  expiration  of  second  class 

validity  of    

renewal  of    

State  School  Book  Commission    (See  Text  Books.) 

State  Superintendent: 

to    withhold    money    from    general    school    fund,    how    much    and    for 
what  purpose    


Page. 

Sec. 

112 

14 

112 

15 

112 

16 

115 

21 

58 

130 

58 

131 

58 

131 

58 

131 

58 

131 

58 

131 

59 

131  V2 

59 

131  1/2 

59 

132 

59 

133 

60 

133 

60 

133 

60 

135 

60 

136 

60 

136 

112 

17 

113 

17 

113 

17 

113 

17 

113 

17 

113 

17 

113 

18 

113 

18 

113 

18 

114 

19 

114 

19 

114 

19 

114 

20 

115 

20 

115 

20 

115 

24 

73 

10 

73 

177 

75 

181 

76 

182 

76 

183 

76 

184 

77 

185 

59 

131% 

59 

131% 

59 

132 

59 

132 

48 

96 

48 

96 

19 


lie 


170  Im»i  \. 

State     Superintendent. — Continued.  Page.  Sec. 
to  deposit   money   with   treasurer  of  board,   when   and   for   what   pur- 
pose           19  21<r 

salary   of  paid    from    what 30  40 

traveling  expenses  of  not  to  exceed  what;    paid  from   what 30  40 

contingent  expenses  of  office  of,  paid  from  what 30  40 

to  apportion   general  school   fund  to  counties 31  41 

to    notify    auditor    and    county   superintendents    of    apportionment    of 

genera]   school   fund 31  41 

report    of   valuations    and   levy    to    be    made    to    by    county    superin 

tendent      33  51 

to  prepare  manual  of  course  of  study 42  79 

to  see  that  teachers  follow  manual 42  79 

to  provide  for  examination   and  graduation   of  pupils 42  79 

to   issue   diplomas    42  7Pz 

to  have  control  of  all  matters  pertaining  to  examination   of  teachers     42  80 

to  prepare   and  transmit  questions 43  83 

to  prescribe  manner  of  conducting  examinations 43  83 

to  examine  manuscripts    43  84 

to  issue  certificates  in  duplicate;    of  three  grades 44  84 

to  satisfy  himself  as  to  identity  of  applicants  for  certificates 44  84 

to  sign  certificates 44  85 

may  revoke  certificates  when  and  for  what 44  86 

to  renew  first  grade  certificates 44  87 

to  give  statement  of  grades  to  applicants  for  certificates;    whe&....  45  87 

to   keep   register  of  certificates  issued 45  87 

may   appoint  overseers   for   examinations 46  90 

report  of  examinations  to  be  made  to 46  v-1 

to   issue   certificates   to   certain   graduates 46  92 

may    issue    emergency    certificates 46  92 1£ 

to  announce  subjects  for  examination  for  primary  certificates;     when  47  93 

to  announce  subjects  for  examination   for  high  school   certificates.  47  94 

to  appoint  institute  instructors 51  107 

list  of  persons  enrolled  in  county  institute  to  be  sent  to 52  110 

statement  of  institute  expenses  to  be  sent  to 52  110 

to   prescribe   reading   circle    courses 52  112 

to  provide  for  examination  in  reading  circle  courses 52  112 

to  issue  certificates  of  proficiency  in  reading  circle  courses 52  112 

to  issue  requisition   for  county  superintendent's   salary 55  120 

county  superintendent  to  make  report  to 56  123 

qualifications    of;     term    of 56  124 

salary   o*    56  124 

expenses   of;     how   provided   for 56  124 

residence  of   56  125 

shall    provide    a    seal 56  125 

to  sign  requisitions  on  auditor  for  what 57  125 

duties    °*    57  126 

report  of;     to  include  what 57  127 

to  give  interpretation  of  the  school  law 57  128 

to  prepare  and  publish  list  of  books  suitable  for  school  libraries.  ..  58  129 

to  be  member  of  state  board  of  education 58  130 

to  appoint  five  members  of  state  board  of  education 58  130 

to   countersign   certificates    60  134 

auditor  to  make  report  to  concerning  condition  of  school  fund 65  151 

State  Tax  Commissioner  shall  prepare  certain  forms  and  instructions.  ...  23  26 
Statement : 

of   special   levy   for  bonds   to   be   printed   on    ticket    20  22 

of  settlement  with  sheriff  posted  by  secretary;    where,   when    32  46 

truant    officer's     41  77 

of  grades  issued  to   applicants   for  certificates,   when    45  87 

of    institute    expenses     52  jjq 


Index. 


171 


Statement   of  Fiscal   Affairs:  Page. 

to    set    forth    what    (a,    b,    c)     17 

copy  of  to  be  published  twice   or  posted,   where 17 

allowance  to  be  made   in   for   delinquent  taxes    17 

to  state  separately  value  of  personal  property,   real  estate   and  prop- 
erty   assessed    by    B.    of    P.    W 17 

forms  and  instructions  for  to  be  prepared  by  state  tax  commissioner  23 

Statistical     report     of     secretary:          33 

Sub-Districts : 

creation    of     11 

present,   to  remain   until   changed   by  law    11 

change  in  boundaries  and  number  of 13 

may   be    abolished,    when    38 

Sub-District   Teachers'    Fund,    how    provided    for    : 24 

Sub-Division    of    district     11 

Subjects,  teachers  to  be  examined  in   what    43 

for   primary   certificates    47 

Subjects   Taught : 

in  ungraded   schools    41 

in    graded    and    high    schools     42 

Sum  due  from  general  school  fund  to  be   deducted   from   what    18 

Summary   of   Enumeration    (See    Enumeration.) 
Summary,   Teacher's  Monthly: 

to    be    signed    by    trustees     49 

to   be   delivered   to  .secretary    49 

Superintendent : 

State    (See   State    Superintendent.) 
County    (See   County    Superintendent.) 
District    (See  District   Supervision.) 

to    report    to    truant    officers     41 

Supervision  : 

district      68 

general ;    constitutional    provision    7 

county ;    constitutional   provision    8 

and   control   of  trustees    37 

state  superintendent  charged  with 57 

Supplementary    Fund: 

to    be    deposited    with    treasurer    of    board     19 

to  be  deducted  from  general  school  fund   19 

not  to   exceed   $50,000    19 

to  be  used  when   and  for  what  purpose 19 

balance  from  if  any  to  revert  to  general  school  fund 19 

to  be  deducted  from  the  general   school   fund    30 

Supplies,  trustees  may  purchase    36 

Support   of   Free   Schools;    constitutional   provision    9 

Suspension   of   pupils    48 

Sweeping  school  house    36 

System   of    Free    Schools    to   be    provided    by    Legislature    7 

Tally  sheets,  etc.,  for  special  elections,  furnished  by  secretary    21 

Tampering   with   examination   questions  and   manuscripts;    penalty   for    ..  45 

Tax: 

capitation ;    constitutional    provision    6 

direct    annual   for   interest   on    bonds    29 

Taxes: 

county,     constitutional    provision     6 

delinquent      31 

amount  of  levied  to  be  extended  on  property  books 33 

(See   also   Levies.) 

Taxable   Property :    aggregate  of  to  be  set  forth    17 

Tax  Commissioner  to  prepare  forms  and  instructions 23 


Sec. 
21 
21 
21c 

21c 

26 

51 

2 

2 
11 
68 

28 

2 

82 

93 

78 
78 
21c 


99 
99 


75 
163 


65 
126 

21c 

21c 

21c 

21c 

21c 

40 

61 

97 
61 

23 

88 


39 


44 

49 

I'lc 
26 


1 . 2  Index. 

Teachers :  Page.  Seo. 

may  be  dismissed  and  school  discontinued,  when    15  17 

number  of  to  be  employed  to  be  determined,   when 24  27  V£ 

kindergarten,    qualification      for    28  34 

to    distribute    and    have    control    of    free    text-books     28  36 

to  collect   text-books   and  return  to  secretary    28  36 

appointment     of     35  56 

must    hold    certificate    35  56 

must  present  certificate  to  trustees 35  57 

must  file   duplicate   of  certificate   with  secretary    35  57 

must  have  certificate  endorsed  by  secretary 35  57 

may   be    removed    for   what    35  58 

shall   not   receive   salary,    when    35  58 

to  report  what  to  truant  officers    41  75 

to    give    instruction    in    what    subjects     41  '78 

to    follow    course    of    study    prescribed    in    manual     42  79 

to    be    examined    in    what    subjects     43  82 

exempt    from    certain    duties     48  97  V2 

to  keep  daily  registers  and  make  monthly  reports 48  98 

to    keep    term    registers     48  98 

to    include    what    in    registers    and    reports     48  98 

payment     of     49  99 

to    make    monthly    summary     49  99 

to  have  summary  countersigned  by  whom    49  99 

to    deliver    summary    to    whom     49  99 

to  return  term  report  to  secretary    49  100 

to  take   and  report  enumeration    49  101 

to  receive   credit   for  attending  district   institute    52  111 

to    be    encouraged    to    form    reading    circles     52  112 

not    to    act    as    agent     66  156 

colored;    normal   training    for    77  188 

in    state    schools,    how    employed     113  18 

Teacher's  Authority  : 

to  have  control   of  children,   how  long    48  97 

may  exclude   whom   from   school    48  97 

action  of  may  be  reviewed  by  trustees    48  97 

Teachers'  Certificates  (See  Certificates.) 

Teachers'    Fund  : 

levy    for    18  21c 

maximum  rate  of  levy  for    18  21c 

the    sub-district    25  28 

tuition   fees   to   be   credited   to    39  69 

may  be   supplemented    (see   supplementary   fund.) 

Teachers'   Institutes: 

county    (see   institutes,   county.) 
district    (see    institutes,    district.) 

Teachers'  Salaries   (See  Salary  of  Teachers.) 

Teaching,    county    superintendent    may    engage    in,    when     54  118 

Term,   the  school: 

length    of     18  21c 

extension    of     23  27 

extension   of   in   graded   schools    2  4  28 

Term  of  Office: 

to    be    prescribed    by    legislature;    constitutional    provision     5 

of    board    of    education     11  3 

of     trustees      34  53 

of    county    superintendent 53  113 

of    state    superintendent     56  124 

Term     reports     and     registers      48  98 

to    be    returned    to    secretary     49  100 


Index. 


173 


Text-Books: 

old    law    still    in    force     

state   book   commission    created Appendix   A 

appointment  of  members  of  state  book  commission    .  .  . 

compensation  of  members  of  state  book  commission   .  .  . 

oath    of    office    of    members    of    state    book    commission  "  . 

contracts  for  books   (July  1,  1911,  to  July  1,  1912)   by 
state    superintendent     

meetings    of    state    school    book    commission     

samples  to  be  submitted    

bids    and    proposals     

adoption   of   books    

change    in    books    

contracts    to    be    executed    

bond     by     contractors      " 

prices    of    books    to    patrons     

county   superintendent   to   be    notified    

supply   of  books  placed  by   contractors 

exchange  of  books    

violation  of  book  contracts  by  teacher    

certain    boards    of    education    may    choose    books    for 
their    district     

discrimination  in  prices  in  other  states 

lists    of    adopted    books    to    be    sent    to    county    super- 
intendents   by    contractors     " 

use   of  unauthorized  books,   to   whom   reported,   penalty 

state  of  West  Virginia  not  liable  to  terms  of  contracts 

appropriation  for  expenses  of  state  book  commission    .  .  •• 

members  of   state  book  commission  not  to   accept   gift, 

penalty     " 

Ticket    for    special   election    

Tie  in  Vote: 

for  members  of  board    

for     county     superintendent     

Time   and   Place: 

of   holding   examinations    

of    holding    county    institutes     

Title    to    school    property    vested    in    board     

Title    to    joint    school    buildings     

Transfer  of  Pupils: 

provision    for     

pense    of    to    be    divided     

Transfer  from  state  fund  to  general  school  fund,   when    

Transmission    of   questions    and   manuscripts    

Transportation  of  Pupils    (See  Conveyance  of  Pupils.) 

Treasurer  for  special  debt  levy  to  keep  account  separately    

Truancy    (see  compulsory  attendance.) 
Truant    Officer: 

shall    be    appointed,    when     

to   enforce   provisions    of   compulsory   law    

shall  use  due  diligence  to  ascertain  violation  of  law 

to   give   written   notice   to   parent   or   guardian,    when    

to   make    complaint   against   parent    or   guardian,    when    

not   required   to   give    notice    in    subsequent    offences    

teachers,    principals   and   superintendents   to   report    to    

shall   render   itemized   statement   to   secretary   and   sheriff    

compensation     of;     how    paid     

Trustns  : 

to     employ     teachers      

to    employ    persons    of    temperate    habits    and    good    morals     


Page. 

Sec 

69 

165 

116 

1 

116 

1 

116 

1 

116 

1 

116 

2 

117 

3 

117 

3 

117 

3&4 

118 

4 

118 

4 

118 

4 

118 

5 

119 

6 

119 

6 

119 

7 

119 

7 

119 

7 

119 

7 

120 

8 

120 

9 

120 

10 

120 

11 

120 

12 

121 

13 

21 

23 

11 

4 

53 

114 

42 

80 

50 

105 

13 

8 

16 

18 

3S 

66 

38 

67 

30 

40 

43 

83 

22 


40 
40 
40 
40 
40 
40 
41 
41 
41 

15 
15 


24 


73 
73 
73 
73 
73 
73 
75 
76 
77 

16 
16 


171  [ndex. 


Trustees. — Continued.  Page.  Sec. 

may    not    transcend     or    diminish    salaries     24  27% 

may     appoint     librarian     for     school     library     29  38 

board     shall     appoint,     when      34  53 

term     of     office      34  53 

to  be  notified  of  appointment   immediately 34  53 

to    take    oath,    when     34  53 

no   one   of   may   transact   business   by  himself    34  53  % 

quorum     34  53  Vz 

meetings      34  53  V2 

shall    keep    a    record    of    their    acts     34  53  % 

may    be    removed    from    office;    how,    by    whom     34  54 

vacancy    in    office    of,    how    filled     35  55 

shall    appoint    teachers ;    when     35  56 

shall  make  contract  with  teachers ;   how 35  56 

teachers'   certificates   to  be   presented  to    35  56 

shall     not     appoint     certain     persons     35  58 

shall    visit    schools,    when     36  60 

shall   do   what   when   visiting   schools    36  60 

shall   cause   school   house   to   be   kept   in   order    36  61 

may   purchase   what    36  61 

shall   have  house   swept   and   fires   built    36  61 

may   allow  school   houses   used   for   what    37  62 

to    prescribe    regulations    for    use    of    houses     37  62 

to   furnish   estimates  of  improvements    and   repairs   to   board    37  63 

to   make   report   to   board   showing   what    37  63 

shall    keep    itemized    account    of    expenses     37  64 

shall  file  expense  account  with  secretary;   when    37  64 

under    supervision    of   board    37  65 

actions   of   subject   to   revision    of   board    37  65 

shall    transfer    pupils,    when     38  66 

may  review  action  of  teacher,  when    48  97 

may  expel  pupils,   when    48  97 

to    sign    teacher's    monthly    summary     49  99 

not   to  be   interested   in    contracts ;    penalty    67  158 

Tuition: 

to  be  paid  by  whom    39  69 

to  be  paid  to  whom    39  69 

not   to    exceed    what    39  69 

to  be  credited  to  teacher's   fund    39  69 

Union   Schools    (see  joint  schools.) 

University,    the   West   Virginia    69 

Unlawful    expenditures    by    board;    penalty    for     22  25 

Unlawful  possession   of  examination   questions    45  88 

Use  of  school  houses  may  be  granted;   for  what  purposes    37  62 

Vacamy  : 

in    office    of   trustee ;    how    filled    34  54 

in    office    of    county    superintendent     53  116 

Vacancy  in   Board  of   Education : 

to    be    filled    how     12  5 

to    be    declared,    when     12&23        5  &  25 

Validity : 

of    uniform     certificates      44      86  &  87 

of  primary   certificates    47  93 

of   state    certificates    48  96 

Value   and   kind   of   apparatus   to   be   reported   by   trustees    37  63 

Valuation   of   Property  : 

estimate    of     17  glc 

<1    to    levy   upon     18  21c 

assessor's  certificate  of;   to  secretary,  to  county  superintendent 32  48 


Index.  17-j 

Page.         Sec. 

Verification  of  enumeration  by  affidavit 50  102 

Village  of  fifty  or  more  inhabitants  to  be  in  one  district    14  11 

Violation    of    law    by    school    officers;    penalty    for     22  25 

Violation   of  compulsory  school  law    39  72 

of    child    labor    law     Appendix    A.  126  3 

Visits    to    schools    by    trustees    36  60 

to  state  institution  by  members  state  board  of  control    107 

Visitation    of   schools,    county    superintendents    55  121 

Volumes   in   library;    number   of   to   be    reported   by   trustees    37  63 

Vote : 

for  members  of  board ;  tie  in 11  4 

on    levy 16  20 

on   additional  levy   for   current   expenses    20  22 

on   additional   levy   to   pay   interest   on   bonds    20  22 

on    question    of    longer    term     23  27 

on    district    high    school    25  30 

must   be   had    on    question    of   bond   issue    29  39 

for    county    superintendent ;    tie    in     53  114 

Vouchers  and  orders,   sheriff's    (see  sheriff.) 

Warranty   deed   to   be   secured   by   board    13  8 

West  Virginia   Colored   Institute: 

act    creating,    etc 82 

graduates  of  to  receive  certificates,  when 46  92 

West  Virginia   Reform   School    93 

West  Virginia   Schools  for  the   Deaf  and  the   Blind    88 

West   Virginia    Industrial   Home    for    Girls    100 

West    Virginia    University    69 

graduates   of   to    receive    certificates,    when    46  92 

Preparatory    Branch    of    at    Montgomery    78 

Preparatory  Branch  of  at  Keyser 79 

White   and   Colored   Pupils: 

constitutional     provision      10 

statutory    provision     39  70 

Year,   the  school    (see  school  year.) 
Youth  : 

enumeration  of   (See  Enumeration.) 

colored     39  70 


LAW  LIBRARY 

UNIVEF  CALIFORNIA 

LOS  ANGELES 


GAYLAMOUNT 

?AMPhLET  BINDER 


Manufactured  by 

GAYLORD  BROS.  Inc 

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